“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in the Netherlands are open for business.
“Client” means the person or firm that purchases or otherwise acquires the Data from the Company.
“Commencement Date” has the meaning set out in clause 2.2.
“Company” means Sample Solutions B.V registered in the Netherlands, at Stationsplein 45, 3013AK, Zuid Holland, Netherlands, company number KvK 64893081
“Data” means the data set out in the Order Confirmation, comprising information of any kind whether it be words, numbers, graphs or otherwise in any other form and whether or not it is the property of the Company or a third party, which is supplied or made available to the Client by the Company.
“Delivery Date” means the date on which the Company supplies the Data to the Client.
“Force Majeure Event” has the meaning given to it in clause 12.1.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Licence” means the license between the Company and the Client for the use of the Data incorporating these Terms.
“Licence Period” has the meaning given in clause 3.2(a).
“Order Confirmation” means the Client’s written acceptance of the Company’s quotation as set out overleaf.
“Payment Date” has the meaning set out in 5.2(b).
“Price” means the charges payable by the Client for the supply of the Data in accordance with clause 5.
“Recipient” means each person whose details are the subject matter of the Data.
“Terms” means these terms and conditions as amended from time to time in accordance with clause 13.7.
In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including include, in particular, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.