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Est 01-10-2019, Dutch Chamber of Commerce # 11063158

1. General Provisions

1.1.	Applicability
1.1.1.	Upon handing over or official registration of these General Conditions, they will replace any former General Conditions presented by Design8 bv, even if those former General Conditions were included in earlier agreements or correspondence. If any provision of these General Conditions should be altered during the term of an agreement to which they are applicable, the Principal will be deemed to have accepted such modification unless he gives notice in writing to the contrary within a fortnight after Design8 bv has informed him of the alteration.
1.1.2.	Upon handing over or official registration of these General Conditions they will replace any former General Conditions presented by Design8 bv, even if those former General Conditions were included in earlier agreements or correspondence. If any provision of these General Conditions should be altered during the term of an agreement to which they are applicable, the Principal will be deemed to have accepted such modification unless he gives notice in writing to the contrary within a fortnight after Design8 bv has informed him of the alteration.
1.1.3.	Principal’s purchase or other General Conditions will not apply, unless and only to the extent that Design8 bv has expressly accepted them.
1.1.4.	If any clause of these General Conditions should be void or not valid under the law, all remaining clauses will nonetheless remain effective. Parties shall consult with each other in order to reach agreement on the substitution of the clause in question.

1.2.	General
1.2.1.	Deviation by either party from the terms of these General Conditions is only effective if agreed upon in writing.
1.2.2.	The rights and obligations ensuing from an agreement to which these General Conditions are applicable may not be assigned or transferred by the Principal to a third party without written consent from Design8 bv.
1.2.3.	Parties are mutually obliged to keep any information, which they have received from the other party, and which is or must be considered confidential, secret; they will implement any reasonable measures to ensure secrecy such as imposing the obligation of secrecy on their employees.
1.2.4.	Parties shall refrain from trying to employ the other party’s personnel and shall abstain from any actions, which might be detrimental to the good name of the other party.
1.2.5.	The Principal is responsible for the correct use and/or application of all matters, including data and information, which should be put at the disposal of the Principal within the scope of any agreement between Design8 bv and the Principal. The Principal is also responsible for taking all security measures, which may be necessary to ensure that such matters remain complete and undamaged. The Principal cannot assert or derive any rights pertaining to these matters from the mere fact of their presence on his premises.
1.2.6.	The Principal will provide Design8 bv in time with all data and information necessary for the execution of an agreement, to which these General Conditions are applicable, as well as adequate working space and the required devices, materials and other facilities.
1.2.7.	All agreements between Design8 bv. and the Principal are subject to the Law of the Netherlands.

1.3.	Offer, invoice and payment
1.3.1.	All offers by Design8 bv are made without engagement. Offers stand, unless otherwise indicated, for a period of 30 days.
1.3.2.	Design8 bv shall only be obliged to fulfil an assignment, commission or order or a modification thereof after it has been expressly accepted by Design8 bv in writing.
1.3.3.	Terms and time limits stated by Design8 bv are indicatory and have been established to its best ability in accordance with the known circumstances. Design8 bv shall notify the Principal as soon as possible if stated time limits will be exceeded.
1.3.4.	Prices offered will not be altered before delivery unless they were based upon Design8 bv.’s price-list [catalogue] and the prices stated therein should be lowered before the delivery date, in which case the Principal will have the right to pay the lower prices. Prices stated in a catalogue will not apply if Design8 bv has made a separate offer to the Principal.
1.3.5.	Unless expressly stated otherwise, prices are FCA, Free Carrier TIEL [Incoterms 2010] and do not include carriage, insurance, storage, import or export duties, installation costs nor travel or accommodation expenses or any other additional costs.
1.3.6.	Prices stated in offers or agreements have been based upon conditions prevailing at the time of the conclusion of the agreement. In case of unforeseen [major] changes in the current system of taxation, the cost of materials, wages or the exchange-rates, before the date of delivery or during the performance of the assignment, Design8 bv will have the right to adapt the prices agreed upon so that the adverse effects will be totally or partially compensated.
1.3.7.	All prices and fees are stated in Euros and do not include taxes [V.A.T.] or other amounts levied by the official authorities, unless specifically stated otherwise.
1.3.8.	Design8 bv’s invoices will be paid by the Principal in accordance with the payment conditions stated on the invoice. If no such conditions are indicated, the Principal will pay the amount due within 14 days after the date of the invoice. Payment will be made without any deductions, compensation or prorogation.
1.3.9.	If the Principal should fail to pay within the agreed period of time, he will automatically be in default and Design8 bv will have the right to charge the legal interest over the entire amount as of the due date without prejudice to any rights to which Design8 bv may further be entitled.
1.3.10.	If the Principal fails to fulfil his obligations (in due time) or defaults on them, then all reasonable costs incurred to have all extrajudicial costs and debts paid shall be borne by the Principal. The Principal shall in any case owe the collection charges in the event of a monetary claim. The collection charges shall be calculated in accordance with the collection rates advised by the Nederlandse Orde van Advocaten (Netherlands Bar) for collection procedures.
1.3.11.	If Design8 bv demonstrates that he has incurred higher expenses, which were necessary in reason, said expenses shall also qualify for reimbursement.
1.3.12.	The reasonable judicial and execution costs possibly incurred shall equally be borne by the Principal.

1.4.	Force majeure, non-performance and termination
1.4.1.	Design8 bv will only be liable for damages resulting from non-performance if and when the Principal, after having duly summoned Design8 bv in writing to perform, terminates or dissolves the agreement. Dissolution or termination before the expiration date is not retroactive and will not affect deliveries made or obligations fulfilled prior to the termination date unless the Principal can prove that such goods cannot be put to use because of Design8 bv’s failure to fulfill the remaining obligations.
1.4.2.	Force majeure also includes strikes, except those declared against Design8 bv’s own policy, as well as the non-performance of Design8 bv’s suppliers.
1.4.3.	Design8 bv will only be liable for damages resulting from non-performance if and when the Principal, after having duly summoned Design8 bv in writing to perform, terminates or dissolves the agreement. Dissolution or termination before the expiration date is not retroactive and will not affect deliveries made or obligations fulfilled prior to the termination date unless the Principal can prove that such goods cannot be put to use because of Design8 bv’s failure to fulfil the remaining obligations.
1.4.4.	Untimely termination or dissolution will not discharge the Principal from the obligation of paying all sums then already due.
1.4.5.	In the event that the Principal’s provisional or final moratorium or bankruptcy is applied for or obtained, the Principal should lose control, whether in part or in whole, over his assets, the Principal’s company should be liquidated or any other cases that it should be evident that the Principal will no longer be able to perform his obligations, Design8 bv will have the right to dissolve all agreements between Design8 bv and the Principal without further notice or court order and without prejudice to any rights or remedies to which Design8 bv may further be entitled.
1.4.6.	In the event that the Principal should fail to fulfil his obligations even after having been summoned to do so by Design8 bv, Design8 bv may suspend the performance of its engagements.

1.5.		Liability
1.5.1.		Barring Design8 bv’s liability for injury to human beings or damage to personal possessions caused by a product imported or manufactured by Design8 bv, Design8 bv’s liability is limited to the instances and the extent expressly mentioned in these General Conditions. In all other cases, Design8 bv’s liability for damages or lost profits suffered by the Principal is excluded insofar as legally permitted and regardless of how an action may be brought against Design8 bv, with the exception of such cases in which the Principal should prove willful intent or gross negligence on the part of Design8 bv. Liability is expressly excluded with regard to:
	1.5.1.1.	Faulty or incomplete information given before an agreement was concluded between the parties;
	1.5.1.2.	Damages caused by delays in delivery or excess of the indicated duration of an assignment;
	1.5.1.3.	Damages caused [or partly caused] through shortcomings or negligence on the part of the Principal, including damages caused by the provision of insufficient or faulty information by the Principal to Design8 bv;
	1.5.1.4.	Liability of the Principal towards third parties [e.g. claims or demands against the Principal by any third party];
	1.5.1.5.	Commercial or other losses suffered by the Principal, including lost profits, unrealized economizations, loss of data or information, or any other form of indirect damages;
	1.5.1.6.	Design8 bv’s liability for death or injury of human beings and damage to personal possessions will nonetheless be excluded if the Principal uses any goods delivered by Design8 bv for critical purposes without having informed Design8 bv of this intention before the delivery.
1.5.2.		Any liability of Design8 bv towards the Principal not mentioned or excluded in these General Conditions is expressly limited to the equivalent of the amount paid by the Principal to Design8 bv for the goods or services in question. The maximum liability in case of long-term contracts will never exceed the amount paid by the Principal to Design8 bv for the services rendered during the last three months proceeding to the date on which the damage occurred. However, the sum total of Design8 bv’s liability will never exceed the amount of five thousand Euros [€5.000,-]. This maximum liability is subject to the deduction of any sums reimbursed to the Principal or any credit notes sent by Design8 bv.
1.5.3.		Design8 bv will not be obliged to pay any damages at all, if Design8 bv is not notified in writing of the damages within six months, of their occurrence. The Principal will indemnify Design8 bv against claims or demands in connection with agreements between Design8 bv and the Principal by third parties which have a [business] relation with the Principal.

1.6.	Warranty
1.6.1.	Notwithstanding warranty provisions included in an agreement between parties, Design8 bv will guarantee that products and services will be of good quality. Design8 bv cannot however guarantee that the ends aimed at by the Principal will be achieved if the Principal’s expectations exceed any warranted qualities or specifications stated in the agreement.
1.6.2.	Design8 bv guarantees that products or services delivered will conform to the specifications laid down in writing in the agreement. This warranty has a validity of three months unless otherwise specified in the agreement and commences on the date The Products are delivered or services rendered.
1.6.3.	The warranty comprises repair or substitution of defective products [or parts thereof] and correction of errors in software delivered by Design8 bv, as long as the defect is not caused by incorrect or injudicious use by the Principal. The warranty expires if repair or modifications have been made by others than Design8 bv without Design8 bv’s prior written consent. Adaptation of software to changed circumstances [e.g. modifications in hardware or operating systems] is not included in any guarantee.
1.6.4.	Unless expressly agreed otherwise, all costs of transportation, storage, insurance, travel and other such expenditures related to any repairs or services rendered under the warranty, will be charged to the Principal.
1.6.5.	For products or software which Design8 bv obtains from other suppliers or manufacturers the warranty given by such supplier or manufacturer will supersede Design8 bv’s aforementioned warranty.

1.7.

Waiver

1.7.1.

If Design8 bv should fail to enforce any provision included in these General Conditions or in any agreement to which these General Conditions are applicable, or if at any time Design8 bv acquiesces in an infraction by the Principal of any such provision, this will not imply that Design8 bv waivers its rights to full performance or compensation of the infringement. Nonetheless, a waiver of rights may be assumed after three years counting from the date on which fulfilment of an obligation or enforcement of a provision was claimed for the last time.

1.8.	Disputes
1.8.1.	Any disputes because of or in connection with agreements to which these General Conditions are applicable will be submitted to the competent court of the domicile of Design8 bv in the Netherlands, even if the Principal should be domiciled in another country. However, Design8 bv reserves the right to submit a dispute between parties to be decided by the competent court in the country where the Principal is domiciled or by another court if parties so stipulate in their agreement, insofar as these choices should not be in conflict with the applicable Law or international Treaties or Conventions.
1.8.2.	For the execution of any agreement to which these General Conditions are applicable, Design8 bv will be domiciled at Edisonstraat 24, NL 4004 JL, TIEL, the Netherlands.

1.9.	Privacy
1.9.1.	Design8 bv will to its best ability be compliant with the European General Data Protection Regulation (EU 2016/679) [in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018.] and to protect the privacy of the Principal.
1.9.2.	In order for Design8 bv to fulfil its obligation towards Principal, Principal herewith agrees to the processing of its personal data by Design8 bv.
1.9.3.	The Principal acknowledges that some of the data processed by Design8 bv can be personal data.
1.9.4.	Design8 bv will publish an up-to-date list of suppliers with whom Design8 bv is bound to share the Principal’s personal data on its website https://www.design8.com. Design8 bv will not share the Principal’s personal data with anyone else unless it is forced to do so by law.
1.9.5.	Design8 bv has implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of its data processing.

2. Terms for the Sale of Goods

2.1.	Unless otherwise agreed between parties, delivery will take place at the entrance of the Principal’s premises in the Netherlands. [Place of delivery in other countries will have to be agreed upon in writing, otherwise delivery will be considered to take place FCA, Free Carrier TIEL [Incoterms 2010].
2.2.	If parties have agreed that Design8 bv will install the goods at a location indicated by the Principal, the Principal will be responsible for adapting the location before the installation is taken in hand and for putting in beforehand all required conveniences/appliances as indicated by Design8 bv.
2.3.	Any means or devices of transportation made available by Design8 bv must be returned to Design8 bv the day after the delivery at the Principal’s costs.
2.4.	The Principal is responsible for the correct use and application of the goods delivered by Design8 bv. If user manuals or instructions are essential for the correct use of goods delivered by Design8 bv and these manuals or instructions are not available upon delivery, the Principal will refrain from using the goods until said manuals or instructions have been supplied.
2.5.	The risk of damages to or loss of delivered goods will pass to the Principal at the moment that these goods are put at his disposal or have been handed over to third parties on the Principal’s behalf.
2.6.	The documents supplied by Design8 bv will prevail in cases of disagreement between parties as to the delivery time, quantity and characteristics of the delivered goods, unless the Principal can prove deviations from the descriptions included in the aforementioned documents.
2.7.	All claims concerning immediately perceptible errors or faults in the delivered goods must be made known to Design8 bv within eight days of delivery of the goods. After this period of time Design8 bv cannot be held liable for such errors or faults.
2.8.	Statements made by Design8 bv as to the quality, applicability, characteristics and so forth of products offered by Design8 bv only bind Design8 bv if such statements have been explicitly made or confirmed in writing.
2.9.	The Principal is responsible for the correct use and application of the goods delivered by Design8 bv. If user’s manuals or instructions are essential for the correct use of goods delivered by Design8 bv and these manuals or instructions are not available upon delivery, the Principal will refrain from using the goods until said manuals or instructions have been supplied.
2.10.	The Principal will be responsible for taking all reasonable or necessary precautions for safeguarding Design8 bv’s interests or rights when the Principal knows that the goods may contain trade secrets and/or confidential information pertaining to Design8 bv.

3. Terms for Consultancy and Services

3.1.	The Principal is responsible for the exact description of the assignment conferred upon Design8 bv and the procedures to be followed.
3.2.	Design8 bv shall carry out the assignment to the best of its ability; the Principal will render the necessary assistance and support required for the execution of the commission.
3.3.	If the nature of the assignment should alter to the extent that the agreed duration of the assignment will be affected, the Principal will notify Design8 bv as soon as possible. Any costs ensuing from the alteration will be borne by the Principal.
3.4.	In case the agreed assignment will have or has had a duration of more than six months, Design8 bv has the right to adapt the prices or fees every six months in accordance with the prevailing rates.
3.5.	The costs of services to be rendered by third parties such as keying in of data or the printing of documents as well as the cost of [computer] time and use of equipment or devices to be provided by the Principal will be borne by the Principal.
3.6.	Any work done outside normal office hours, as well as extra travel and accommodation expenses incurred in relation to the execution of the assignment, will be borne by the Principal in accordance with the usual rates charged by Design8 bv.
3.7.	Normal travel expenses or time spent in travelling to the Principal’s place of business will be charged separately to the Principal.
3.8.	Any work done outside normal office hours, as well as extra travel and accommodation expenses incurred in relation to the execution of the assignment will be borne by the Principal in accordance with the usual rates charged by Design8 bv.
3.9.	If the assignment should be carried out on premises indicated by the Principal, the Principal will ensure that Design8 bv’s personnel will be provided with sufficient working space and other facilities enabling them to work, consult [e.g. by telephone] and -if necessary- confer without disturbances.
3.10.	The Principal will be responsible for access or admittance of Design8 bv personnel to the place or places indicated by the Principal where the assignment [or part thereof] will be carried out.
3.11.	Design8 bv has the right to replace assigned employees with others, after duly having consulted with the Principal. Design8 bv will bear the [additional] costs of the replacement.
3.12.	Design8 bv will not be obliged to immediately replace employees who are unable to work, due to illness or accident, if it is probable that the absence will not last for more than 10 working days.
3.13.	The Principal does not have the right to instruct Design8 bv’s employees to perform tasks which are not included in the assignment agreed upon between parties.
3.14.	If Design8 bv’s employees and the Principal’s own employees or employees of a third party should be assigned to work on the same project, Design8 bv cannot be held responsible for the progress or accomplishment of the project.
3.15.	Agreements for services will be for an indefinite period of time unless a definite duration is expressly agreed upon. Agreements concluded for an indefinite period of time will be automatically prolonged every month by one month unless renewal or timely cancellation has taken place. Termination must be notified in writing taking into account a period of notice of at least one month.
3.16.	If an agreement was concluded for a definite period of time or a fixed price, and the time or costs should be exceeded in consequence of additional wishes of the Principal, the extra work will be invoiced to the Principal at Design8 bv’s usual rates; in all other cases 50% of the usual rates will be charged by Design8 bv.
3.17.	All immediately perceptible errors or faults committed by Design8 bv must be made known in writing to Design8 bv within eight days of their occurrence. After this period of time Design8 bv cannot be held liable for such errors or faults.
3.18.	All rights -including property rights, patent and other intellectual property rights, the right to the trade mark, the rights of exploitation and so forth- appertaining to the matters resulting from or in consequence of the services rendered by Design8 bv will belong to the Principal unless expressly otherwise agreed between parties.
3.19.	If an assignment comprises modification, amplification or extension of [the source code of] software used by the Principal, the Principal guarantees that he has the right to have these interventions done, either in virtue of his ownership of the [intellectual] property-rights or on account of the pertinent permission obtained from the holder of the property-rights. The Principal will indemnify Design8 bv against all claims on this head.

4. Conditions for Software Licenses

In these conditions, standard software will mean standard computer software which has been developed by Design8 bv and which is distributed as such by Design8 bv and/or standard software [packages] by third parties which Design8 bv may distribute. Therefore when these conditions mention Design8 bv the original supplier of the software or the copyright owner may be intended.

4.1	The Principal does not obtain the right to make more than one copy of the standard software or the documentation delivered therewith, -these copies are to be used for backup purposes only-, nor the right to use the software on more than one computer at the same time, unless otherwise agreed upon in writing.
4.2.	The Principal does not obtain the right to make more than one copy of the standard software or the documentation delivered therewith, -these copies are to be used for backup purposes only-, nor the right to use the software on more than one computer at the same time, unless otherwise agreed upon in writing.
4.3.	Design8 bv has the right to suspend the right of usage conferred upon the Principal until such time that Design8 bv shall have received full payment of all sums due in relation to the delivery of the software.
4.4.	The risk of damage or loss of the software will pass to the Principal at the time that the software is delivered to the Principal. The moment that the software has been handed over to the Principal or a third party indicated by the Principal, will be the moment of delivery meant in the preceding sentence.
4.5.	Any claims concerning visible or directly perceptible faults in the software must be received by Design8 bv within eight days of the delivery, after this period of time the Principal cannot hold Design8 bv responsible for any such faults.
4.6.	If the standard software should be delivered in a sealed wrapping, the Principal will not break the seal unless he accepts the delivered product and thereby agrees with the respective terms of license accompanying the software.
4.7.	Design8 bv will only be bound by statements as to the qualities, purpose, possible applications etc. of the software if these statements were made by Design8 bv expressly and in writing.
4.8.	The Principal is responsible for the correct use and application of the standard software delivered by Design8 bv.
4.9.	The Principal will be responsible for taking all reasonable or necessary precautions for safeguarding Design8 bv’s interests or rights in connection with the software. The Principal acknowledges that the standard software contains trade secrets and/or confidential information pertaining to Design8 bv.
4.10.	The Principal is not allowed to remove or alter any notices concerning copyright, trademarks or patents included in the software or inscribed or affixed on the magnetic media thereof.
4.11.	The Principal will not reconstruct the programming source code of the software in a man-readable format, nor decompile, reverse-engineer, translate it or merge the software with other programs, whether in whole or in part.
4.12.	The software delivered by Design8 bv may be provided with a safety device protecting the rights pertaining to the software.
4.13.	Design8 bv will indemnify the Principal with regard to claims of third parties concerning their [copy]rights pertaining to the software if validated or enforced in the Netherlands.
4.14.	Any warranties given by Design8 bv will not be enforceable in case of incorrect or injudicious use of the software by the Principal, nor will such warranties be effective if the Principal fails to return the accompanying warranty registration card within the stated time limit or if the requested data are incomplete.

5. Conditions for Computer Training Courses

5.1.	Participant is: the person, who takes part in the training, be he the Principal or a third party taking part by orders of the Principal.
5.2.	If the Principal and the participant is not one and the same person, the Principal will still be responsible for the adherence to the pertinent conditions by the participant and for the full performance of these provisions and any agreement between Design8 bv and the Principal to which these conditions may be applicable.
5.3.	Design8 bv reserves the right to cancel or postpone a training course if the number of participants should, to Design8 bv’s judgment, prove to be insufficient.
5.4.	If Design8 bv considers a certain level of knowledge as indispensable for participation in the course, Design8 bv has the right to refuse a participant if said participant should not possess the required schooling.
5.5.	Enrollment can only take place in writing.
5.6.	Design8 bv will not be liable for any damages whatsoever ensuing from a change of computer or file setting, requested by the participant.
5.7.	Any dates, times or places indicated by Design8 bv are indicatory and have been established to Design8 bv’s best ability in accordance with the known circumstances. Design8 bv will notify the Principal as soon as possible if any change of date, time or place should be necessary.
5.8.	Design8 bv will not be liable for any damages whatsoever ensuing from a change of date, time or place of the training course.
5.9.	Neither the Principal nor the participant may copy the materials supplied by Design8 bv in any way unless otherwise agreed upon in writing.
5.10.	All intellectual property rights -including copyrights and the right to the [technical] know-how appertaining to the materials supplied by Design8 bv to the participants are reserved to Design8 bv unless otherwise agreed upon between Design8 bv and the Principal in writing.
5.11.	The cost of materials supplied by Design8 bv to the participants is included in the fee to be paid by the Principal.
5.12.	Neither the Principal nor the participant may copy the materials supplied by Design8 bv in any way unless otherwise agreed upon in writing.
5.13.	Neither the Principal nor the participant may copy the materials supplied by Design8 bv in any way, unless otherwise agreed upon in writing.
5.14.	Design8 bv will provide the participant -after he has successfully completed the training course- with a diploma, a testimonial or a certificate of participation, depending on the type of course completed.

6. Conditions for Software Maintenance

6.1.	Maintenance comprises the repair -as soon as possible- of faults in software for which maintenance has been agreed upon, and which faults prevent the normal usage of such software.
6.2.	Should no separate maintenance agreement have been concluded between Design8 bv and the Principal and Design8 bv renders maintenance services, the Principal will pay Design8 bv’s current rates for the time employed in the rendering of the services. The Principal will provide Design8 bv with a detailed description of the failure. Upon the Principal’s request, Design8 bv will perform the maintenance at the Principal’s place of business in which case The Principal will be charged Design8 bv’s current standard traveling time and costs for each visit by Design8 bv’s personnel to the Principal’s premises.
6.3.	Services performed outside normal office hours, extra expenditures made on request of the Principal and additional services not included in the maintenance agreement but rendered on request will be charged separately to the Principal at Design8 bv’s current rates.
6.4.	The Principal will lose all claims to maintenance ensuing from a maintenance agreement in case of inexpert or injudicious use of the software by the Principal and/or negligence on the Principal’s part, or if modifications to the software have been made by others than Design8 bv. The Principal may not claim free repairs if a failure is due to: external causes [fire etc.]; adverse influences originating from hardware or other software; incorrect installation; abnormal fluctuations of electrical supply etc.
6.5.	Design8 bv may determine that part of the software will be excluded from the maintenance. Such exclusions will be stated in writing at the time of the conclusion of the agreement.
6.6.	Design8 bv may retain software or other goods belonging to the Principal which Design8 bv may have in its possession as security against payment of all sums which the Principal may owe to Design8 bv for services rendered by Design8 bv with regard to such software or other goods until all sums due have been paid.
6.7.	All rights -including property rights, and any intellectual property rights- appertaining to the matters resulting from or in consequence of the services rendered by Design8 bv will belong to the Principal unless expressly otherwise agreed between parties.
6.8.	If the maintenance should have to be carried out on the Principal’s premises, the Principal will provide Design8 bv’s personnel with sufficient working space and other necessary facilities as well as access or admittance to the place or places where their presence is required in order to carry out the services.
6.9.	All immediately perceptible errors or faults committed by Design8 bv must be made known in writing to Design8 bv within eight days of their occurrence. After this period of time Design8 bv cannot be held liable for such errors or faults.
6.10.	All rights -including property rights, and any intellectual property rights- appertaining to the matters resulting from or in consequence of the services rendered by Design8 bv will belong to the Principal, unless expressly otherwise agreed between parties.
6.11.	Design8 bv cannot be held responsible for any loss of or damages to data or information and such inscribed on magnetic media; the Principal is obliged to implement all necessary preventive measures thereto.
6.12.	The risk of loss or damages to software and/or hardware entrusted to third parties -for transportation or other ends- will be carried by the Principal. Design8 bv will only carry such risk during the time that the software and/or hardware is/are in its keeping.