Terms & conditions

Terms and conditions 

 General

1. Agreements
1. These terms and conditions apply to all services carried out under the trade names Medactie, Medactie BioMedical Editing or Medactie.com.
2. An agreement is entered into when Medactie accepts an oral, written or electronically communicated order placed by the customer. The customer accepts these terms and conditions by placing this order.
3. Standard fees will be charged for standard services as detailed on the Medactie website, under Pricing & quotes, and will be clearly transmitted to the customer upon acceptance of an order. Any quote for additional services made to a customer by Medactie is unconditional unless otherwise indicated. The quote price is valid for a period of thirty days, unless indicated otherwise. Offers are based on the information as provided by the customer and Medactie assumes the correctness thereof. Changes in pricing, services and terms and conditions can be made by Medactie at any time, but all previously accepted orders will be completed according to the terms agreed at the moment of acceptance. Custom services are subject to negotiation and billing agreements will also be negotiated prior to initiation of work. All agreements will be in writing, and will require written approval by the customer.
4. Personal data as provided by the customer in an order or request will be stored in the Medactie client database, and will not be provided to any third party for any purposes whatsoever, unless required by force of law.

2. Payments
1. Unless otherwise agreed, all payments should be made within 14 days of receipt of completed work from Medactie, and are payable in the indicated currency. If no payment is received within 30 days of the invoice date, Medactie may undertake action to recover the payment. All costs incurred in this action are additionally payable by the customer.

3. Liability
1. Medactie undertakes to scan all documents with anti-virus software before communication to the customer, and to maintain all reasonable defenses against malign software. Medactie does not accept any liability for damage that is suffered by the customer due to use of services of Medactie, unless said damage could have reasonably been anticipated and avoided. The customer is responsible for ensuring that all materials communicated to Medactie are free of any additional material that could cause damage to Medactie, such as viruses, trojans, and all other malign software. Compensation of damage suffered by Medactie due to the failure of the customer to adhere to the above clause shall be limited to 100% of the originally agreed fee. The customer is responsible for ensuring that all materials received from Medactie are free of said malign software.
2. Services carried out by Medactie are subject to appraisal by the customer, and all writing, statements, and changes to text carried out by Medactie are the ultimate and exclusive responsibility of the customer. Medactie is not liable for any damage suffered by the customer due to said writing, statements, and changes to text.
3. The limitation of liability in clause 3.1 above does not apply to damage that is caused by wilful misconduct or gross negligence of Medactie or any person for which it is liable pursuant to the law. In such case, liability shall be limited to compensation of direct damage to property (including software and data files). 

4. Intellectual property
1. All intellectual property rights deriving from the work of Medactie under instruction by a customer are automatically transferred to the customer, unless otherwise agreed.

5. Changes
1. Changes, amendments or annexes to an agreement and to the general terms and conditions valid at the moment of the agreement, are permitted only if agreed in writing and signed by both Medactie and the customer.

6. Complaints
1. Any dissatisfaction with respect to services and any objections to  invoices must be presented to Medactie in writing within fourteen days from the invoice date. Medactie will address any dissatisfaction or objections within 3 days of receipt. The expression of dissatisfaction or objections to terms of invoices previously accepted by the customer does not suspend the customer's payment obligations.

7. Disputes and applicable law
1. All agreements with Medactie, including the interpretation and performance thereof, are subject to the laws of the Netherlands.

2. Any disputes in connection with the formation, interpretation or performance of an agreement with Medactie shall be brought before the competent court in Haarlem, The Netherlands.