Terms and Conditions ML Support

E-mail: mark@marklampe.eu
Website: https://marklampe.eu

Article 1 – Definitions

1. ML Support: ML Support, located at Richtersweg 22, Enschede, Chamber of Commerce number 60415452.
2. Customer: the person with whom ML Support has entered into an agreement.
3. Parties: ML Support and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of ML Support.
2. ML Support and the Customer can only deviate from these conditions if this has been agreed in writing.
3. ML Support and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
4. The AVC/CMR conditions apply at all times to quotations/orders and transport (latest version).
5. The right to alternative transport that may arise from any form of risk and/or damage is expressly excluded from every quotation, service and/or assignment.
6. Notice of default and/or damage reports must be reported in writing within 24 hours after completion of the assignment to: mark@marklampe.eu

Article 3 – Prices

1. ML Support uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. ML Support may always change the prices of its services and products on its website and in other communications.
3. ML Support and the Customer agree on a total amount as a target price for a service, unless otherwise agreed in writing.
4. ML Support may deviate up to 10% from the target price.
5. ML Support must inform the Customer in a timely manner why a higher price is justified if the target price is more than 10% higher.
6. The Customer may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.
7. ML Support may adjust prices annually.
8. ML Support will communicate price adjustments to Customer prior to their effectiveness.
9. A consumer may terminate the agreement with ML Support if he does not agree with the price increase.

Article 4 – Payments and payment terms

1. ML Support may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The Customer must make a subsequent payment within 14 days after delivery.
3. The payment terms that ML Support uses are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without ML Support having to send a reminder or give notice of default to the Customer.
4. ML Support may make delivery subject to immediate payment or require security for the total amount of the services or products.

Article 5 – Consequences of late payment

1. If the Customer does not pay within the agreed period, ML Support may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the Customer is in default, whereby part of a month is counted as a whole month.
2. If the Customer is in default, he must also pay extrajudicial collection costs and any damages to ML Support.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the Customer does not pay on time, ML Support may suspend its obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, the claims of ML Support on the Customer are immediately due and payable.
6. If the Customer refuses to cooperate with the execution of the agreement by ML Support, he must still pay the agreed price.

Article 6 – Right of withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal only applies when:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been tailor-made or adapted especially for the consumer
• it is not a product that cannot be returned for hygienic reasons, such as underwear or swimwear
• the seal is still intact when it concerns data carriers with digital content, such as DVDs or CDs
• the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
• the product is not a separate magazine or newspaper
• it is not an emergency repair
  it does not concern bets or lotteries
• the consumer has not waived his right of withdrawal
• it does not concern a service that is fully performed within the cooling-off period with the Customer’s consent and where the Customer has expressly stated that he waives the right of withdrawal

Furthermore, the following are excluded:

• social services and health care
• gambling activities
• financial services
• package holidays
• passenger transport services
• immovable property
• agreements that require a notary
• selling products by telephone or via the internet (distance purchasing)
• agreements for an amount of less than €50

2. The reflection period of 14 days in paragraph 1 begins:
   • on the day after the consumer has received the last product or part of 1 order
   • as soon as the consumer has concluded the agreement for the delivery of the service
   • as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can indicate that he wishes to exercise his right of withdrawal by returning an email to mark@marklampe.eu, possibly using the withdrawal form that can be downloaded via the ML Support website, https://marklampe.eu.
4. The consumer must return the product to ML Support within 14 days after sending the email in paragraph
5. If the consumer does not return the product, his right of withdrawal expires.

Article 7 – Reimbursement of delivery costs

1. If the consumer has exercised his right of withdrawal in time and returned the complete order to ML Support on time, ML Support will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the returned order.
2. Delivery costs will only be borne by ML Support to the extent that the entire order is returned.
3. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

• the service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
• it concerns an emergency repair
• it concerns bets and/or lotteries
• the consumer has waived his right of withdrawal
• it concerns a service that is fully performed within the cooling-off period with the Customer’s consent and where the Customer has expressly stated that he waives his right of withdrawal

2. The reflection period of 14 days in paragraph 1 starts:
   • as soon as the consumer has concluded an agreement to provide a service
   • as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can use his reflection period by sending an email with that subject to mark@marklampe.eu, possibly using the withdrawal form available on the ML Support website, https://marklampe.eu.

Article 8 – Right of Suspension

1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 9 – Settlement

1. Unless the Customer is a consumer, he waives his right to offset a debt to ML Support against a claim against ML Support.

Article 10 – Insurance

1. The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:
   • delivered goods that are necessary for the execution of the underlying agreement
   • matters of ML Support that are present at the Customer
     goods that have been delivered under retention of title
2. The Customer will provide the policy for these insurances for inspection at the first request of ML Support.

Article 11 – Warranty

1. When the Customer and ML Support have entered into an agreement of a service nature, this only contains an obligation of effort for ML Support and therefore no obligation of result.

Article 12 – Execution of the agreement

1. ML Support carries out the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. ML Support may have the agreed services carried out in whole or in part by others.
3. The agreement is executed in consultation and after written agreement and payment of any advance by the Customer.
4. The Customer must ensure that ML Support can start the execution of the agreement on time.
5. If the Customer does not ensure that ML Support can start on time, the resulting additional costs will be borne by the Customer.

Article 13 – Provision of information by the Customer

1. The Customer makes all information, data and documents relevant to the correct execution of the agreement available to ML Support in a timely manner and in the desired form and manner.
2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
3. When and to the extent that the Customer requests this, ML Support will return the relevant documents.
4. If the Customer does not provide the information, data or documents reasonably required by ML Support, or does not do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer.

Article 14 – Duration of service agreement

1. The agreement between ML Support and the Customer for a service is entered into for the duration of __________________, unless the nature of the agreement dictates otherwise or otherwise has been agreed in writing.
2. After the period in paragraph 1, the agreement will be tacitly converted into an agreement for an indefinite period, unless the Customer or ML Support terminates the agreement with a notice period of 2 months. If the Customer is a consumer, a notice period of 1 month applies.

Article 15 – Cancellation of service for a fixed period

1. The Customer cannot cancel an agreement for a fixed-term service until after 1 year.
2. After the minimum term of 1 year, the Customer can cancel the agreement in paragraph 1 with a notice period of 2 months.
3. After the minimum term of 1 year, a consumer can cancel the agreement in paragraph 1 with a notice period of 1 month.
4. If the agreement for a service has been entered into for less than 1 year, the agreement cannot be canceled prematurely.

Article 16 – Confidentiality

1. The Customer keeps confidential any information, in any form whatsoever, that it receives from ML Support.
2. The same applies to all other information regarding ML Support that the Customer knows or can reasonably suspect is secret or confidential, or of which he can expect that its distribution could cause damage to ML Support.
3. The Customer will take all necessary measures to ensure that it keeps the information in paragraphs 1 and 2 confidential.
4. The obligation of confidentiality described in this article does not apply to information:
5. • which was already public before the Customer learned this information or
   • which subsequently became public without this being the result of a violation of the Customer’s confidentiality obligation
     that is made public by the Customer on the basis of a legal obligation
6. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Article 17 – Penalty clause

1. If the Customer violates the article on confidentiality or intellectual property, he must pay ML Support an immediately payable fine for each violation.
2. If the Customer is a consumer, the fine in paragraph 1 is € 1,000.
3. If the Customer is not a consumer, the fine in paragraph 1 is €5,000
4. In addition, Customer must pay an amount equal to 5% of the applicable amount in paragraph 2 or 3 for each day that such violation continues.
5. The Customer must pay the fine in paragraph 1 without the need for notice of default or legal proceedings.
6. There also does not have to be any damage.
7. In addition to the fine in paragraph 1, ML Support may also claim damages from the Customer.

Article 18 – Indemnification

1. The Customer indemnifies ML Support against all claims from others related to the products and/or services supplied by ML Support.

Article 19 – Complaints

1. The Customer must examine a product or service provided by ML Support as quickly as possible for any shortcomings.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform ML Support within 1 month after discovering the shortcoming.
3. A consumer must inform ML Support of this no later than 2 months after discovering the shortcoming.
4. The Customer provides as detailed a description as possible of the shortcoming, so that ML Support can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and ML Support.
6. If a complaint concerns ongoing work, the Customer cannot demand that ML Support perform other work than agreed.

Article 20 – Notice of Default

1. The Customer must notify ML Support of any notice of default in writing.
   The Customer is responsible for ensuring that his notice of default actually reaches ML Support on time.

Article 21 – Customer Liability

1. When ML Support enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 22 – Liability ML Support

1. ML Support is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
2. If ML Support is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
3. ML Support is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
4. When ML Support is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 23 – Expiration Period

1. Any right of the Customer to compensation from ML Support expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 24 – Dissolution

1. The Customer may cancel the agreement if ML Support imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
2. If fulfillment of the obligations by ML Support is still possible, dissolution can only take place after ML Support is in default.
3. ML Support may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or if ML Support has become aware of circumstances that give it good grounds to assume that the Customer has fulfilled its obligations. will not fulfill.

Article 25 – Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of ML Support by the Customer cannot be attributed to ML Support when there is force majeure.
2. The force majeure situation in paragraph 1 also includes:
   – a state of emergency such as a civil war or natural disaster
   – breach of contract or force majeure of suppliers, deliverers or others
   – power, electricity, internet, computer or telecom disruptions
   – computer viruses
   – strikes
   – government measures
   – transport problems
   – bad weather conditions
   – work stoppages
3. If a force majeure situation occurs as a result of which ML Support cannot fulfill one or more obligations to the Customer, those obligations will be suspended until ML Support can fulfill them.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and ML Support may cancel the agreement in whole or in part in writing.
5. ML Support does not have to pay compensation to the Customer in a force majeure situation, even if ML Support benefits from this.

Article 26 – Change of agreement

1. If it is necessary to change a concluded agreement for its implementation, the Customer and ML Support can adjust the agreement.

Article 27 – Changes to general terms and conditions

1. ML Support may change these terms and conditions.
2. ML Support may always make changes of minor importance.
3. ML Support will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 28 – Transfer of Rights

1. The Customer cannot transfer any rights under an agreement with ML Support to others without written permission from ML Support.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 29 – Consequences of nullity or voidability

1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what ML Support had in mind when drawing up the terms and conditions.

Article 30 – Applicable law and competent court

1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and ML Support.
2. The court in the district where ML Support has its registered office has exclusive jurisdiction to hear any disputes between the Customer and ML Support, unless the law provides otherwise.Prepared on October 3, 2023.