Version: December 1st 2022
The terms below will define the conditions under which TechnologyCatalogue.com offers its services:
This is an agreement between Deployment Matters Netherlands B.V. (also referred to as TechnologyCatalogue.com or “us” or “we”) and any party that accepts the terms of service during the process of signing up, signing in or adding their content. Hereinafter, the word “services” shall include any and all functionalities offered by TechnologyCatalogue.com.
This agreement is applicable to all roles on the website i.e. “End user”, “Supplier” and “Tech Expert/Service Provider/Deployment Partner” (definitions to follow) as well as all services offered on the website TechnologyCatalogue.com. All these parties will be referred to as “users” hereinafter in this agreement. Moreover, parties that verbally agree to obtain the services of Technologycatalogue.com and accept the agreement by email shall also be liable to this agreement.
Users do not have the right to assign their interests in this Agreement to any other party unless prior written consent of Deployment Matters is obtained. Deployment Matters cannot unreasonably withhold, delay or condition their consent.
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.
- “Agreement" means these terms of service.
- “Party" means a person or business entity who has executed this Agreement.
- “User" means any party (individual representing a larger organisation or acting in individual capacity) that subscribes to our services (as defined in article 1) under any available role.
- “Software/Engine/Platform” means all the software, documents and/or intellectual property rights that enable the services offered on TechnologyCatalogue.com and its affiliate domains, as well as customised versions of the platform.
- “Term" means the term of this Agreement commencing on the Commencement Date and expiring on the expiry date.
- “Commencement Date” shall be the date of the creation of the user's account unless otherwise stated through a separate agreement. ‘Expiry Date” will be the date the account is deleted upon user request unless otherwise stated through a separate agreement.
- “Intellectual Property Rights”, means any and all intellectual property rights (anywhere in the world, whether statutory, common law or otherwise) including (without limitation):
- patents, utility models, copyright (including future copyright), semiconductor or circuit layout rights, designs, know how, trade secrets;
- trade marks, logos and design marks, service marks, trade names, business names, brand names; and
- domain names, other names and locators associated with the world wide web, internet addresses, whether arising before, on or after the date of this document, and including all applications (Software/Engine) and rights to apply for registration of such intellectual property rights, but does not include moral rights.
- “Supplier” is a user that subscribes to one or more TechnologyCatalogue.com subscription(s) and adds technologies on the platform in order to help address business challenges and opportunities.
- “Technology Expert” is a user that subscribes to one or more TechnologyCatalogue.com subscription(s) and provides (technical) expertise and/or manpower to support clients with technology deployment by . This includes service provider companies registered as users. This type of user is sometimes also referred to as “Deployment Partner”.
- “End User” is any user that has a TechnologyCatalogue.com registration but does not fall in the “Supplier” or “Tech Expert” definition.
- Hereinafter, “entry” refers to any content provided by a user as part of their subscribed services. Entries will make use of a fixed template.
- Data output is defined as any and all data insights provided to users as part of services offered by TechnologyCatalogue.com
3. Use of TechnologyCatalogue.com
- Suppliers are responsible for the content of the entry and shall decide what content will be placed in their entry, with the exception of user reviews.
- Deployment Matters has the right to make changes to the template.
- A supplier agrees that other users can comment on their entered technology through reviews. Deployment Matters will review all reviews before publication, to confirm authenticity and allows the supplier a period of 2 working days to review before publication. Deployment Matters has the right to verify the review with other users or experts. At any time, we have the right to remove reviews. Suppliers have the right to respond to user/expert comments.
- Users agree to receive automatic email notifications and news updates from Technologycatalogue.com as well as in-platform messages from other platform users.
- We have the right to use the content of the entry for promotion of the TechnologyCatalogue.com, which right however ends at the end of the subscription. After the end of the subscription, we shall not use or apply any information or data of users anymore and delete any information or data from the TechnologyCatalogue.com.
- Suppliers agree that other users are allowed to make reference to entries on social media. Before content from end-users is published online, explicit consent from us will be required.
- User is responsible for timely delivery of content, in case this is required to make use of our Services.
- Users hereby grant us a nonexclusive, royalty-free, worldwide license to display the name, logo and content provided by them on the platform. Such license immediately ends at termination of the subscription.
- Any data uploaded by the users will be unpublished within a reasonable period of time after the end of Subscription. Unless a legal requirement determines otherwise, all data concerned will be deleted.
- The user acknowledges that all Intellectual Property Rights in our Confidential Information, the Software/Engine, and in any enhancement, modification or customisation of the Platform, and in any other material proprietary to TechnologyCatalogue.com, vest exclusively with us, and that the user will not infringe our Intellectual Property Rights, nor seek to exploit or use any such material for its own purposes other than as set out in this document or in any separate agreement.
- Deployment Matters has the right to deny services to countries from the GEC (Global Embargoed countries) list or any other sanctioned country. Also, either party has the right to terminate this agreement in case of an infringement of the law by User.
- All access to and use of the Data Output shall be solely for the User’s own internal business operations, which may include the internal business operations of its affiliated companies. Without limiting the foregoing, User shall without the prior consent of TechnologyCatalogue not licence, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, link to, mirror, frame, provide a service bureau using, or otherwise commercially exploit or make available to any party (other than User’s authorised employees current customer) the Data Output.
- Users agree to pay Deployment Matters the fees due for the selected subscription options.
- All prices exclude VAT.
- All prices exclude travel costs in case this is applicable for a selected subscription option.
- Deployment Matters may add 3% to the invoiced amount in case of payment by credit card.
- The subscription starts on the day the user registers and accepts these terms, unless otherwise agreed. The subscription fee will be payable in advance and will be due 15 days after the invoice date. In cases where the service includes a variable component with an agreed-upon fee, this will be invoiced on a monthly basis.
- 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.
- Users will be offered the possibility to upgrade the subscription at any time by adding more/other offered optional services to the subscription. In such cases, 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.
- Deployment Matters has the right to terminate a subscription at any time in case the entry by the user is no longer in line with the content requirements of the platform.
- 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.
- 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:
- in order to carry out preventative or regular maintenance and upgrade work;
- in the event of any actual or suspected security breach; and/or
- in the event of any other emergency, all without users thereby being entitled to seek compensation from Deployment Matters. Deployment Matters will endeavour to limit these measures to a minimum and, to the extent commercially practicable, inform the users in a timely manner.
Deployment Matters’s total liability due to an attributable failure in the performance of its services or on any legal basis whatsoever, expressly including each and every failure to fulfil any representation or warranty obligation agreed with the user, 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 user 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.
Supplier acknowledges and agrees that TechnologyCatalogue.com cannot guarantee that his/her technology will succeed.
End-user shall be solely responsible for making all decisions and taking actions related to its business. End-user hereby acknowledges and agrees that TechnologyCatalogue.com shall not be liable for the failure of technologies selected via our Services.
7. Force Majeure
- 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, 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.
- 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 user is obliged to pay this invoice as if it concerns a separate agreement.
- 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 user any damages or compensation.
Deployment Matters may modify these terms from time to time. If material changes are made, Deployment Matters will provide notice to the users through its Web Application, or by email, to provide the opportunity to review the changes before they become effective. If the user objects to any changes, they may notify Deployment Matters within thirty days after being informed of the change. If the user notifies Deployment Matters as required, then the user will remain governed by the terms in effect immediately prior to the change. User’s continued use of the Web Application after Deployment Matters publishes or sends a notice about the changes to these terms means that the user consents to the updated terms.