1. Definitions and Scope
1.1.
The “Web Portal” refers to the website that serves as a main entry point for Users to get access to
information on Atradius Collections Services; hereafter mentioned as “Web Portal”.
1.2.
The “User” refers to an individual who based on a contract has access to the Web Portal” as mentioned above,
for a specific period of time such as day or month; hereafter mentioned as “User”.
1.3.
The aim of the “Web Portal” is to give the “User” access to Atradius Collections’ services online,
to improve the communication between the “User” and Atradius Collections and to increase the speed
and quality of the services offered by Atradius Collections.
1.4.
Atradius Collections may modify the “Web Portal” from time to time as it deems it necessary.
2. Acceptance
By Accepting these Terms and Conditions you agree to be bound by them without limitation or qualification.
3. License Grant and Right of Access
3.1.
Within the frame of its Services Atradius Collections grants to the “User” a non-exclusive,
non-transferable right to use the “Web Portal” for as long as the “User”, with regard to other
provisions of the contract, is granted a right to use the “Web Portal” service by Atradius Collections
3.2.
The “User” is entitled to use the “Web Portal” as it is provided through publication on
the internet solely for the purposes as described under 1.3
3.3.
The “User’s right to use the “Web Portal” will automatically cease in the event of a material breach by
the “User” of any of its obligations under these Terms and Conditions or of the contract; or termination of the contract
3.4.
The “User” may not assign, sub-license or otherwise transfer any rights or obligations in these Terms and Conditions to any other person.
4. No warranty
4.1.
Atradius Collections will endeavor to publish accurate information on the “Web Portal”
and ensure that the services do not have errors or omissions. However the information published
on the “Web Portal” is provided "as is" and without warranties of any kind, either expressed or implied.
4.2.
All information is accurate, to our best knowledge and belief at time of transfer, but it does not aim to
predict future developments. The information provided is for the agreed purposes only and is not intended
as a (legal) recommendation or (legal) advice as to particular transactions, investments or strategies in any way.
In no event will Atradius Collections be liable for any direct or indirect, special or consequential damages
to the ”User or anyone else for any decision made or taken in reliance on the information provided by the “Web Portal”.
5. Obligations of the “User”
5.1.
The “User is fully responsible for all activities that occur in the “Web Portal” under the password(s) provided
to it by Atradius Collections. The “User will ensure that such password(s) are kept confidential,
treated in a secured manner and will immediately notify Atradius Collections of any breach of
security with respect to such password(s) or to the use of the “Web Portal”.
The “User is responsible for ensuring that all persons who access the “Web Portal” by internet connection
and/or using the password(s) are aware of these terms and conditions of use and that they comply with them.
5.2.
The “User agrees to use the “Web Portal” only in a lawful manner and further agrees not to cause,
or knowingly allow others to cause, any nuisance, annoyance, or inconvenience whether to Atradius Collections
or to any of its customers or “User’s” of the “Web Portal” by any means, including without limitation by a
denial of service attack, knowingly introducing viruses, Trojans, logic bombs or other malicious or harmful material.
5.3.
The “User agrees not to use the “Web Portal” to transmit or post any material which is fraudulent, hateful ,
sexually or racially or ethnically or otherwise objectionable, defamatory, offensive or obscene or menacing.
5.4.
The “User ensures to use up-to-date virus checking software to prevent the introduction of viruses
and other harmful code onto the “Web Portal”.
6. Obligations of Atradius Collections
6.1.
Atradius Collections shall provide the “User” with a user identification number and a password
to use the “Web Portal”.
6.2.
Atradius Collections takes all reasonable steps to safeguard the security of any information
input by the “User or information used by the “User in connection with the “Web Portal”.
6.3.
Atradius Collections shall use its reasonable endeavors to make the “Web Portal” available for the “User.
Atradius Collections gives however no guarantee of such availability. In the event that the “Web Portal”
would be unavailable Atradius Collections will make all reasonable efforts to recover the Services
on shortest notice possible.
6.4.
Notwithstanding the provisions of 3.3 above Atradius Collections may suspend the “Web Portal” at
any time at Atradius Collections’ sole discretion without liability to the “User. Suspensions will
be justified by objective reasons such as maintenance.
7. Intellectual Property Rights
The “User acknowledges having no right whatsoever with respect to any and all intellectual property
rights used or embodied in or in connection with the “Web Portal” . Atradius Collections reserves all
rights related to the “Web Portal”. Nothing in these Terms and Conditions grants the “User a right
or license to use any trademark, design right or copyright owned or controlled by Atradius Collections
or any other third party except as expressly provided in these terms.
8. Liability
8.1.
Atradius Collections shall in no event be liable to the “User for any direct or indirect, special or
consequential damages, including but not limited to damages resulting from loss of profits or data
arising out of the use or inability to use the “Web Portal”, the misuse of the password or of any
other identification data.
8.2.
The “User acknowledges that the “Web Portal” is provided via the internet and that Atradius Collections
has no control over and/or the security of the internet. Atradius Collections endeavors to ensure that
the services are free from bugs and secure, but Atradius Collections does not assume any liability for
timely, trouble-free and uninterrupted access to the internet.
8.3.
While Atradius Collections has used its discretion, best judgment and all reasonable efforts in
maintaining a virus-free website, it declines any liability for persons, property damage or especially
direct, indirect, immediate or subsequent pecuniary loss which may result from transmission or downloading
of computer viruses. Atradius Collections cannot be held liable for hardware damage, loss of data,
alteration of data, or downtime.
9. Data Protection/Confidentiality
9.1.
Both Parties shall use the “Web Portal” in Compliance with the applicable contract provisions
related to confidentiality and data protection and the applicable data protection laws.
9.2.
The “User undertakes to treat as confidential all information on the “Web Portal”, the processes
used, and all related documentation, and to take all necessary actions to ensure that this confidentiality
is ensured towards third parties. Moreover the “User shall oblige his employees or third parties who are
required to have access to such information to the same confidentiality obligation and to observance of
applicable data protection obligations. The ”User” shall moreover ensure that such obligations shall
continue to apply after termination of their working relationship.
9.3.
The “User” shall not sell, rent or alter any information/data retrieved from the “Web Portal”,
whereas transfer, distribution, disclosure and copying is solely admitted for internal use by the “User.
9.4.
The “User” shall implement appropriate measures that information/data retrieved from the “Web Portal”
is protected against accidental or unlawful destruction or accidental loss, alteration, unauthorized
disclosure or access in particular where the processing involves transmission of data over a network,
and against all other unlawful forms of processing.
10. General
10.1. Definitions
Capitalized terms in these “Web Portal” Terms and Conditions shall have the meaning ascribed to them in the
contract entered into between the ”User and Atradius Collections or as set out in these Conditions:
"Acceptance" means your acceptance of the “Web Portal” Terms and Conditions by your click-through
of the acceptance screen.
10.2. Severability Clause
If any article, section or provision of these Conditions is found to be invalid, the remainder of them
shall continue in full force and effect. Any Conditions which are null or void are in this case to be
understood such that their intended purpose is still fulfilled as far as possible.
10.3. Law and Jurisdiction
These terms shall be construed, enforced and performed in accordance with the substantive laws as agreed
in the contract, without reference to principles of conflicts of laws. The jurisdiction is situated as
agreed in the contract.
