general conditions (sorry only in English at the moment)
General Terms and Conditions ForAddress B.V. V16.7 date 26-12-2016
1. ACCEPTANCE OF TERMS
1.2 The use of “all services” must not be used or procured by the Applicant for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website and our “all services”, the Applicant is fully accepting these terms, conditions and disclaimers. If the Applicant do not accept these Terms and Conditions, stop using “All services” and do not engage further.
1.3 FA is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions at any time without notice. The Applicant should periodically read these Terms and Conditions. If the Applicant continue to use “all services” after any such change to these Terms and Conditions, the Applicant will be deemed to agree to the amended Terms and Conditions.
1.4 Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate.
2. USE OF “ALL SERVICES”
2.1 Except as provided by law, “all services” are provided 'as is' and without any guarantee, warranty or condition, express or implied.
2.2 FA does not represent, warrant or guarantee that:
a. The Applicants access to or use “all services” will be secure, continuous, uninterrupted, error- free or timely;
b. Errors or defects in the operation of “all services” will be able to be corrected; or
c. ”All services” will be free from computer errors or viruses, or other malicious programs or code.
2.3 The Applicant acknowledge that access and use of our “all services” (including the software operating in connection with the Website or phone App etc.) may be interfered with by numerous factors outside of FA control.
2.4 FA does not warrant or guarantee anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of our “all services”.
2.5 “All services” may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the Applicant acknowledge and agree that FA is not responsible for the content or availability of any such websites.
2.6 FA strongly advises the Applicant to keep the Applicants software on all devices updated all the time and always use an up to date virus/malware scanner on all devices.
2.7 FA expressly reserves the right to terminate the use of “All services” for any Applicant for its own reasons at any time (immediately).
2.8 FA expressly emphasizes that the Applicant of "all services" is responsible for the safety of his or her device, also secure access to their device with proper security access and set the device to use encryption, this also applies to stored copies on other platforms/devices.
2.9.1 Advances paid for using "All services" are valid until 3 years after date of purchase, if the credit has not been declined these credit can be canceled by FA without repayment or any notice to the Applicant. The oldest purchases will then be considered first to expire, the expiry number will be capped to the remainder of subsequent purchases.
2.9.2 FA can always terminate "all services" on their own initiative without giving a reason, in that case are not diminished numbers are refunded to a rate that never exceeds the original fare paid (LIFO).Further compensation is excluded.
2.9.3 It is not allowed by the Applicant that the data delivered over FA services is used for other purposes then where the originally form was intended for. Also it is never allowed to deliver or use data delivered by FA services to other parties then mentioned in the original form registered at ForAddress. In that case FA can terminate or suspend their services without notice.
2.9.4 FA can always terminate "all services" to non paying Applicants without any reason or notice, in that case FA will not be held liable to pay a refund or any damage compensation.
2.10 The Applicant or their representative can request FA to process their name or brand etc. into the FA code, but acknowledge that: FA has the right to refuse or adjust this. Also FA is allowed to change the name or brand etc. that earlier was approved by FA and processed into the FA code, into another name or number/code. This without any compensation, except for replacement for the FA materials delivered earlier by FA. In that case FA replaces the old materials which are returned to FA without further costs for the Applicant. No further compensation will be requested by the Applicant, their representative or third parties of FA.
2.11 Applicants that publish forms on the FA platform, allow FA to make this known to other Applicants in any way it fits FA.
3. WARRANTIES AND ACKNOWLEDGEMENTS BY THE APPLICANT
The Applicant agrees, warrants and acknowledges that:
3.1 The request of the Applicant for the performance of “All Services” shall not be in breach of any law in any jurisdiction.
3.2 The decision to grant access to a selected country is to be decided by authorities of the country concerned and as such is outside the control of FA .Therefore FA does not guarantee approval.
3.3 The Applicant is required to use the latest version of our App and website, so we can perform our services the best way possible.
3.4 The responsibility for the accuracy of the information contained in data provided for our “All services” is solely the responsibility of the Applicant and therefore the applicant is responsible to check if the information is correctly filled in the App and forms or websites. The applicant should always check his data on screen, before sending the information.
Also the Applicant is responsible to check if the processed data is received and processed by the intended party. Conformation send by FA during the performance of "All services" only confirms that the data is received at the FA platform, but not at the intended party.
3.5 Extra fees for “all services “will be charged only when the Applicant has agreed this in advance, the actual prices for our services are to be found at our website.
3.6 Information and requirements and issuing times are subject to change by foreign governments without notice so FA does not assume responsibility for the accuracy of the information provided. Fees for “all services” may differ between the moments the order is placed and when the ordered is completed. FA will endeavor to communicate said changes to the Applicant where possible. FA reserves the right to select the most appropriate service available given the time constraints as indicated by the Applicant.
3.7 Where electronic services are involved such as automatic filling in data in web-sites the fee paid for “all services” excludes the fee for processing other items of this website.
3.8 FA is never liable for delayed, lost, not delivered or stolen information.
3.9 The authorities change rules and regulations for entry processing at short or no notice and although FA will make the necessary changes to its website / applications FA cannot guarantee that this will be effective immediately upon notification from the authorities of changes required.
3.10 Applicants who deliver data to present to other Applicants such as order list, price list etc. is fully responsible that the contant is correct, so prices, text etc. Further is FA never responsible if the content is correctly presented and has no responsibility if the commitment between Applicants is correctly processed by those parties. FA only provides the service of sending data but is never responsible for the content of the data, forms etc.
4. LIMITATION AND EXCLUSION OF LIABILITY
4.1 FA and its employees, officers, servants, affiliates and related entities (Representatives) shall not be responsible for any loss or damage howsoever arising to any data or documents or for delays due to circumstances or causes beyond FA control.
4.2 FA does not assume any responsibility whatsoever for injury, damage, loss, accident or delay to any person or property which may arise due to causes beyond its control and not occasioned by its fault nor due to any act of negligence of any other party, war, strike, civil turmoil, riots, fire, acts of any government agency thereof, failure of transportation communication, or acts of third parties.
4.3 FA has used its best efforts in collecting and processing the data for “all services” within FA , but cannot warrant that the information performed through “all services” is complete or accurate performed and to the maximum extent permitted by law, does not assume and hereby disclaims liability to any Applicant or third parties for any loss or damage caused by errors or omissions in FA “All services”, whether such errors or omissions result from negligence, accident or any other cause.
4.4 FA and its representatives will not be liable for problems resulting from a lack of diligence on the part of the user of the “All services” which include, but are not limited to: Failure to comply with notice periods in respect of “All services” indicated in the specific conditions for the commencement of formalities. If these notice periods are not met, FA shall try to do everything it can to perform their “All services” on time, but does not guarantee the absence of internal or external incidents that make it difficult to expedite the process, in this sense
The late submission of documentation or the submission of incorrect, incomplete forms or forms other than those stipulated by FA, resulting in refusal, late or (to) late delivery of our “All services”. Errors or falsehoods in information provided by the client submitted to FA. The failure on the part of the Applicant to detect errors in applied delivered data to “All services”. When our service has been delivered with sufficient notice to resolve incidents that may arise or in order not to exacerbate losses and damages incurred thereto. Amendments made to “All services” after the request to start formalities is made. Amendments to stops or the route of “All services”. Failure to heed any of the warnings or to adopt any of the recommendations stipulated in the general conditions for the provision of the “All services”. Failure of giving incorrect answers on questions of authorities, companies etc. concerning forms, websites etc.
4.5 Save as otherwise provided herein and to the maximum extent permitted by law, FA and its representatives shall in no circumstances whatsoever or howsoever arising be liable for direct or indirect or consequential loss or damage of any type. The defenses and limits provided for in this contract shall apply in any action against FA for loss or damage or delay whether the action is founded in contract, tort, or otherwise.
4.6 To the maximum extent permitted by law, FA and its Representatives disclaim any liability for losses, damages, forfeitures of deposit or expenses, damages of any kind whatsoever incurred by the Applicant.
4.7 It is hereby agreed between the Applicant and FA that the Applicant's rights to compensation (if any) for any claim for loss or damage will only be maintained provided the following is strictly adhered to: Any right to damages against FA are maximized to the amount FA has invoiced the Applicant particularly for only this specific service action.
4.8 In all cases, where liability cannot be excluded or limited by this contract, the liability of FA and any of its Representatives for breach for any condition or warranty in relation to “All services” is limited to any one or more of the following as determined by FA at its absolute discretion: a. In the cases of “All services”: b. the supply of “All services” again, or c. the payment of the reasonable costs of having the “All services” supplied again.
4.9 It is specifically agreed that all rights, immunities and limitations of liability granted to FA by the provisions set forth in this contract shall continue to have full force and effect in all circumstances and notwithstanding any breach of the contract or any condition hereof by FA.
4.10 Any relief from liability contained in this contract is to be read subject to any restriction on contracting out of liability provided in any legislation binding FA so that the provisions for relief contained in this contract are limited or rendered ineffective only to the extent required to give effect to that legislation but are otherwise fully effected and all the provisions hereof are severable and effective independently of any provisions which are null and void or ineffective by reason of any legislation.
The liability of FA is defined and limited to any amount stated for specified loss and damage. The Applicant is therefore advised to seek its own insurance cover generally. No insurance will be effected by FA.
6.1 If the nominated place of delivery shall be unattended which will be deemed to be delivery of “All services” under this contract.
6.2 Dates specified for completion of the Service are estimates only and FA shall not be liable for failure to complete the Service on such date or dates.
7.1 The Applicant agree to continually indemnify, defend and hold FA and its Representatives harmless from and against any breach by the Applicant of these Terms and Conditions and any claim or demand brought against FA and/or its Representatives by any third party arising out of the Applicants use of the “All services”, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by FA in consequence of breach of these Terms and Conditions, or from the Applicants violation of any applicable law.
8. LAW AND JURISDICTION
Any dispute arising under this contract shall be governed by the laws of the Netherlands, Court in The Hague in the Netherlands.
9. FORCE MAJEURE
9.1 Where FA is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) FA shall be excused from such obligations to the extent of such prevention, restriction or interference so caused.
9.2 FA shall use all possible diligence and reasonable endeavors to remove the force majeure.
10.1 The failure of FA to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of FA in respect of any existing or subsequent breach of these Terms and Conditions.
10.2 If any provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such provision shall be severed and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
10.3 At all times the applicant is responsible for security of the Applicants device, phone, watch, tablet, Pc device, server(s), cloudservice etc. and also keep this free of viruses and malware and also change their password at least every 30 days. Furtner FA is never liable for problems caused by this topic.
ForAddress b.v. (also trading under FA and ForForms are further called "FA") will always make an effort to providing their customers with excellent service. As part of this commitment, we take the trust our customers and site visitors place in FA very seriously. We will protect the Applicants privacy at the best of our abilities and knowledge. To inform teh Applicant of FA information collection practices through our services and website, please read the following.
Protecting Applicants information
Protecting personal information we receive from the Applicant is of crucial importance to FA. While there is always some risk involved with transmitting information over the internet, we strive to protect against the misuse of any personal information that we receive from the Applicant via our website. FA protects data by using Secure Socket Layer (SSL) technology. This technology ensures the safe transmission of all data, including personal , passport, address, credit card information etc. By taking such measures, FA customers can feel secure in the knowledge that their data is protected when using FA App or website.
FA uses only cookies to enhance the Applicants experience while using our website. Cookies are identifiers conveyed to the Applicants computer or phone/tablet enabling our systems to recognize the Applicants browser. FA doesn’t use the results of tracking cookies to anonymously track movement within our site. the Applicant can disable tracking cookies on the Applicants computer or phone. Should the Applicant do so, we don’t have any problem with that.
Collected information and how it is used.
FA doesn’t collect information from the Applicants computer or phone/tablet etc. regarding the Applicants visit to the FA site or during use of the FA App. In case of companies: the only information we store on our systems is used to bill the companies for FA services. In the case of consumers: we only store email address and phone-id for identification purpose only.
All other information for example name, street, place, nationality, phone number, email credit card, passport data etc. are only stored on the user device (read our instructions for encryption). This data will only be transferred on the Applicants request and by a SSL secured line to the intended companies and never stored on our systems. At all times the user of FA service is responsible for security of user device such as Pc, phone etc. and also keep this free of viruses/malware etc.
If at any time the Applicant visit our website www.ForAddress.com this site may contain links to other sites. FA is not responsible for the privacy practices or the content of such websites.
We provide users the opportunity to opt-out of receiving further communications from us at their request. To opt-out of further communications contact FA at No more Mail !
Please go to the FA contact-form, select the topic and ForAddress will send them per mail.
Disclaimer: All work carried out is subject to the ForAddress General terms and conditions of ForAddress.