General Terms and Conditions (version 24-04-2018)

1. Definitions

  1. TriGlobal: TriGlobal BV, compiler of these general terms and conditions with registered office in The Netherlands (Chamber of Commerce: 59464534).

  2. Partner: Every natural or legal entity using one or more Services of TriGlobal.

  3. Lead: Contact details of someone (Requester) who has shown an interest in a certain Service (to be specified in the Agreement).

  4. Portal: Website (extranet) of TriGlobal that allows Partner controlled access to specific data or features owned by TriGlobal including, but not limited to, Lead and Invoice details.

  5. Services: Delivering Leads (through e-mail, and/or API) and/or use of a TriGlobal Portal and/or using (internet) applications of TriGlobal.

  6. Agreement: Agreement between TriGlobal and Partner in which the details of the Services are specified.

2. General

  1. These General Terms & Conditions apply to all the Services and the Portal of TriGlobal. Partner agrees to these Terms by using one or more of TriGlobal Services or the Portal. These General Terms & Conditions are available in English and in other languages. In the event of any dispute with respect to the contents or the intention of these General Terms and Conditions, the English version shall have precedence

  2. TriGlobal has the right to unilaterally change the General Terms and Conditions. Partner will be informed via email or Portal with adequate notice about any changes.

  3. Other General Terms and Conditions than those of TriGlobal do not apply.

  4. The General Terms and Conditions may differ only by written comment of TriGlobal.

  5. Every agreement, Service provided and liability claim is governed by the laws of the Netherlands. Disputes are resolved exclusively by the competent court in the district where TriGlobal has its registered office.

  6. TriGlobal has the right to deny Services or access to his Portal to Partners in breach of its obligations, and to redress any damage that Partner cause.
    Partner is aware that TriGlobal collects and/or publish data regarding to, but not limited to, the performance of Partner and other companies. As far as required Partner consents to this, for the duration of this agreement and after its termination.

3.  Agreement

  1. During the term of the Agreement, TriGlobal may provide and Partner shall use the Leads of TriGlobal.

  2. Partner pays an agreed fee per each Lead sent by TriGlobal.

  3. If a Lead is incorrect, meaning that both the email address and the telephone number are incorrect, Partner can report this to TriGlobal (Claim the Lead) only by using the Mover Portal within 14 days after TriGlobal provided the Lead to Partner. Partner can claim up to a maximum of 10% of the Leads received from TriGlobal every Month.

  4. Partner can request to change the Agreed maximum number of Leads and/or route Details or to stop the services of TriGlobal.  Changes will come in effect only after written confirmation by TriGlobal.

  5. The actual number of Leads sent to Partner, respecting any limitations agreed upon, is at the discretion of TriGlobal.

  6. Both parties may terminate this Agreement at any time without cause.

4. TriGlobal Obligations

  1. TriGlobal provides an obligation of best intents.

  2. TriGobal will send Requester's data to Partner as this is necessary in order to execute its contract with Requester.

  3. No guarantees are offered by TriGlobal regarding the level of interest of Requesters, ability or creditworthiness to pay Partner, the accuracy of the information provided (by Requesters), or if Requester actually will use Partners services.

  4. TriGlobal is not responsible for the receipt of Leads (with a delay) due to Partners hardware and software settings.

5. Partner Obligations

  1. Partner shall only contact Requester to obtain information necessary to provide Requester with a moving quote, using Partners own Business Name as stated in the Agreement.

  2. Partner shall contact a Lead within 24 hours after receiving it from TriGlobal.

  3. Partner may not resell and/or pass on one or more Leads to third parties.

  4. Partner shall treat the personal data associated with the Leads received from TriGlobal in accordance with the General Data Protection Regulation (GDPR) and inform the Requesters of the grounds, purposes and conditions of processing.

  5. Partner has to take all necessary technical and organisational measures to secure personal data and prevent data breaches.

  6. Partner shall inform TriGlobal within 72 hours about any potential or actual breach and/or loss of personal data concerning Leads received from TriGlobal. However, Partner is a Data Controller (as defined in the GDPR) and is - as such - responsible for informing the individual Requesters and the responsible authorities.

  7. Partner shall not retain or process Requesters data longer than necessary for the purposes that it was transferred to Partner with.

  8. Every Requester has the right to be forgotten. When a Requester makes a valid request (according to GDPR) directly to Partner or indirect via TriGlobal to delete the personal data of Requester, Partner has to delete all data of this Requester within reasonable time.

  9. As a Data Controller, only Partner is liable for any damages suffered by any Requester of any infringement by Partner of the GDPR. Partner indemnifies TriGlobal against any and all claims from Requester(s) or authorities regarding the data processing by Partner.

6.  Liability

  1. TriGlobal is never liable against Partner in case of indirect, incidental or special damages, lost revenue, lost profits or loss of goodwill. The total liability of TriGlobal will never exceed the total amount paid by Partner to TriGlobal during the previous 12 months, regardless of the reason for the claim.

  2. The services are provided to Partner in the actual state. TriGlobal rejects all explicit or implied warranties. This includes any warranties of suitability for a particular purpose, merchantability, non-infringement, to the fullest extent permitted by law.

7. Payments

  1. TriGlobal will invoice Partner for the Leads sent. Partner shall pay the invoice within 14 days of the invoice date.

  2. All mentioned prices are excluding VAT.

  3. If Partner is not willing or unable to pay an invoice, TriGlobal has the right to use a third party to collect the full amount, including legal fees, court costs and other costs. Partner is required to pay legislative costs incurred or 5% of commercial interest over the collection costs. Additional collection costs of 15% will also be charged.

  4. TriGlobal has the right to increase Lead price at their discretion annually.

8. Intellectual Property

  1. Partner warrants that it is the owner and has the right to use all intellectual properties relating to the products and services offered through TriGlobal.

  2. Partner expressly consent that their names, trademarks and logos are used in connection with its printed matter, mailings, website, advertising campaigns and more generally as part of any promotional action performed by TriGlobal.

  3. Partner warrants that its goods and services are offered through TriGlobal and its names, trademarks and logos are not part of third parties intellectual property rights.

  4. Partner indemnifies TriGlobal for any financial loss TriGlobal would suffer as a result of a third party claim arising from such third party intellectual property rights on goods and services offered to customers through TriGlobal or names and intellectual property itself.

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TriGlobal B.V.
Spuiboulevard 240 A+B
3311 GR  Dordrecht
The Netherlands

T +31 (0) 88  2300 600

Chamber of Commerce: 59464534   |   VAT: NL8535.02.985.B.01