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Terms & Conditions
Definitions
- e-POM: the legal entity established under the laws of the Netherlands named “Medarba”, trade name e-POM, established in Hilversum, Netherlands and registered with the Chamber of Commerce under no. 65663071.
- Customer: the legal entity with whom e-POM enters into an agreement.
- Parties: e-POM and customer together.
Applicability
- These Terms and Conditions will apply to all services by e-POM.
- Parties can only deviate from these conditions if they have explicitly agreed to do so in writing.
Services
e-POM has a pool of mediators in most countries of the EU and the UK. The services offered by e-POM are to maintain a website for arranging mediation between online platforms and their business users, to administer the bringing about of mediation proceedings between customers, to facilitate the choice of a mediator from the pool and inform the mediator of his appointment by the parties. e-POM does not provide mediation services itself. The customers will enter into a separate agreement with the mediator.
Prices
- All prices used by e-POM are in euros, exclusive of VAT.
- e-POM is entitled to adjust the price for its services, shown on its website or otherwise, at any time.
Performance of the agreement
e-POM executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Indemnity
The customer indemnifies e-POM against all third-party claims that are related to the services supplied by e-POM.
Giving notice
- The customer shall provide any notice of default to e-POM by e-mail to question@e-pom.eu.
- It is the responsibility of the customer that a notice of default actually reaches e-POM (in time).
Liability of e-POM
- e-POM is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence of the management of e-POM.
- If e-POM is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- e-POM is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If e-POM is liable, its liability is limited to the amount to be paid by e-POM's (professional) liability insurance and in the absence of (full) payment by the insurance company of the damages the amount of the liability is limited to the invoice to which the liability relates.
- e-POM is not liable for any damages which may be caused by errors or omissions by the mediator. Customers should address any complaints and claims directly against the mediator.
Expiry period
Every right of the customer to compensation from e-POM shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Force majeure
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of e-POM in the fulfillment of any obligation to the customer cannot be attributed to e-POM in any situation independent of the will of e-POM, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from e-POM due to force majeure.
- The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters and pandemics, etc.); unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures.
- If a situation of force majeure arises as a result of which e-POM cannot fulfill one or more obligations towards the customer, these obligations will be suspended until e-POM can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- e-POM does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Changes in the general terms and conditions
e-POM is entitled to amend or supplement these general terms and conditions.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between e-POM and the parties.
- If the customer is dissatisfied with the service of e-POM and e-POM has not been able to satisfy the complaint, the parties will try to resolve their dispute by mediation. When that does not lead to resolution, the District Court of Amsterdam will have sole jurisdiction.
Drawn up on 30 June 2020.
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