Dutch New Energy

E-mail

Wachtwoord

Terms of Use Dutch Solar Quarterly (DSQ) and European Solar Quarterly (ESQ)

These terms of use apply to all products, agreements, services and the Website of Dutch New Energy Research (DNER), the Dutch Solar Quarterly (DSQ) and the European Solar Quarterly (ESQ); all trade names of Good! BV. When using the website (DNER) or DSQ or ESQ, these terms of use form a binding agreement between the user and Good! BV. Please read these terms of use carefully so you know what your rights and obligations are when you use the website.

Article 1 Definitions

1.1 In these Terms of Use the following capitalised terms will have the meaning assigned to them below:

User: the legal entity that has concluded an agreement with the Organisation and has received a Licence;

Terms of Use: these terms of use;

Login Details: the user name and password with which the User can access the Website;

Intellectual Property Rights: all rights of intellectual property and associated rights such as copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as all rights to know-how;

Licence: the right to use the Website, the dashboards and the Report as defined in these Terms of Use;

Licence Agreement: the agreement between the User and the Organisation for the use of the Website;

Organisation: Good! BV, a private limited company, with its registered office in Heerhugowaard, the Netherlands, and its business address at Stationsplein 99, unit 176 in (1703 WE) Heerhugowaard listed with the Chamber of Commerce under file no. 33302843;

Report: the Dutch Solar Quarterly (DSQ) and/or the European Solar Quarterly (ESQ) with information about the Dutch or European solar energy sector, including the text and visual elements of the Report or digital dashboard(s), both in digital form and as hard copy;

Solar Data Service: the Solar Data Service with information on the Dutch or European solar energy sector for data suppliers;

Website: the website developed by Good! BV: Dutch New Energy Research (DNER), (mobile) Website and underlying technology, specifically the paid login module by which the User can read, inter alia, the Report and the dashboards;

Article 2 General

2.1 The Terms of Use apply to the use of the Website by the User and all legal acts of and agreements between the User and the Organisation, such as the use of the Website after logging in, the digital version of the Report and all of the Website’s User functions, along with the dashboards.

2.2 The Licence Agreement is formed after either the following three requisites have been met: (1) after receipt of the contract and (2) after payment has been received and (3) after receipt of a confirmation from the Organisation to the User or the licensee was granted free access to the dashboard

2.3 After receiving the Licence Agreement the Organisation will process the contract. The Organisation may refuse requests for a Licence Agreement without stating reasons.

2.4 Any general purchasing or other conditions of the User do not apply to the use of the Website or to any relationship with the Organisation.

2.5 If any provision of these Terms of Use is void or voidable or is or becomes fully or partially invalid for any other reason, the remaining terms of the Terms of Use will nevertheless remain in full force and effect. The Organisation will replace the invalid provision with a provision that is valid and the legal consequences of which correspond as closely as possible with those of the invalid provision, having due regard to the contents and purport of these Terms of Use.

2.6 The current Terms of Use are published on the Organisation’s website (www.dutchnewenergy.nl).

2.7 The Organisation is at all times entitled to amend or add to these Terms of Use. If the User continues to use the Website after the Terms of Use have been amended, the User is deemed to have agreed to the amendment. If a User does not agree to the amended Terms of Use, it may cease using the Website with immediate effect, without the User being entitled to any compensation.

Article 3 The Website

3.1 The User can read the Report and has access to the dashboards by means of the Login Details that the Organisation makes available to Users.

3.2 The Organisation uses its best endeavours to make the Website available with due care and in a professional manner. The Organisation may at all times, without prior notification and without in any way becoming liable or liable for compensation to the User, change the contents of the Website and/or terminate (fully or in part) the Website or restrict access to the Website. The Organisation may also, without prior notification, carry out maintenance work on the Website as a result of which the Website may not be fully available.

3.3 The User accepts that the Website merely contains the functionalities, content and other features as available at the time of use (“as is”). The Organisation hereby specifically excludes express and tacit indemnities, promises and warranties of whatever nature.

3.4 The data presented in the Report and on the Website have been compiled with the greatest care, using professional methodologies and taking account of the relevant legislation with a view to presenting research results as meticulously as possible. The data in this product are based on interviews and questionnaires carried out by means of standard statistical methods. As such the research is subject to a certain statistical margin of error and is solely based on the facts that were available at the time of the research. In view of the foregoing, no guarantee can be given as to the precise and complete nature of the studies and the data available in those studies.

In any case, but not exhaustively, the Organisation does not give any indemnities, promises and warranties:

- that the Website (i) will operate without interruptions, (ii) will be free of virusses, Trojan horses and other contingencies caused by third parties, (iii) will be free of errors and/or defects in the design, construction, management and/or related aspects regarding said operation of the Website, and/or (iv) that any defects to the Website will be remedied;

- regarding the quality, security, lawfulness, integrity, accuracy and suitability for a certain purpose of the Website and the information published on it, unless explicitly provided otherwise in these Terms of Use.

The Organisation does not accept liability for the above.

3.5 The User is responsible for the procurement and/or proper functioning and security of the hardware and appropriate telecom facilities (including internet connection with one IP address) that are necessary to be able to use the Website.

3.6 The User is fully responsible and liable for all acts that it or a third party (or third parties) authorised by it performs by means of the Website.

3.7 The listed publication dates for the DSQs and ESQ’s are indicative. The Organisation may depart from them by a maximum of 4 weeks.

Article 4 Account and Login Details

4.1. The User is responsible for keeping the Login Details confidential. As soon as the User knows or has reason to suspect that its Login Details have become available to unauthorised persons or parties, the User must immediately inform the Organisation of this, without prejudice to the User’s own responsibility to take immediate and effective action, for instance by changing its Login Details.

4.2. The User accepts and acknowledges that the User is at all times responsible and liable for the use of the Website by third parties via the User’s Login Details. The User will hold the Organisation harmless for all damage and costs arising from and/or relating to the use of the Website by third parties via the User’s Login Details.

Article 5 Intellectual Property Rights and Licence

5.1. The IP Rights relating to the Website, as well as the information made available through the Website such as the Report, the texts, visual elements, look-and-feel, and visual or photo materials, is vested in the Organisation and/or its licensor(s). Nothing in these Terms of Use is aimed at transferring any Intellectual Property Rights.

5.2. Under the terms set out in these Terms of Use, the Organisation grants the User a restricted, personal, revocable, non-exclusive, non-sub-licensable and non-transferrable right to access and use of the Website.

5.3. The License is not accessible to user (s) other than Users working for the User whose name appears on the License Agreement. Subsidiaries, parent company or other trade names have no access to the License. The Licence is always linked to a maximum of six user and two IP addresses per user, in order to avoid misuse of the Licence. The single-user may use the Licence on one IP address. The multi-user may release users and more IP addresses. The number of IP addresses is always released in consultation and will be restricted to locations pertaining to and used by the User that likewise make use of the User’s specific trade name.

5.4. The Licence is restricted to the country in which the User has its main establishment. The use of the Licence in other countries is permitted solely in consultation with and subject to the approval of the Organisation.

5.5. Without the written consent of the Organisation, the User is expressly not allowed to download, copy, alter, apply reverse engineering to or disclose to the public the materials that are subject to the Organisation’s Intellectual Property Rights, or use them for any other purposes than those mentioned in these Terms of Use, unless mandatory Dutch law allows for such use.

5.6. If the Organisation suspects an IP violation, it will in all cases give instructions to a lawyer. (The maximum statutory fine for IP violation is € 83,000 (end of 2020). Some offenses are even regarded as a crime and the Public Prosecution Service has the possibility to proceed to criminal prosecution in case of an intentional offense. The judge can impose a prison sentence of no more than four years. The investigative service for infringement of copyrights falls under the FIOD-ECD.)

5.7. Insights from the report or dashboards can only be shared by the licensee internally. Sharing insights from the report or dashboards externally can only be done once DNER agrees, and with a proper reference to DNER.

Article 6 Privacy

6.1 During the use of the Website and the services provided on the Website, the User may provide the Organisation with personal data. The Organisation will always process these personal data in line with its data covenant (processing agreement) and the applicable laws and regulations.

Article 7 Obligation of the Organisation

7.1 The Organisation uses its best endeavours to provide the Website and its services.

Article 8 Fees

8.1 The User must pay an annual subscription fee for the Licence Agreement. The User understands and accepts that in that case it assumes a payment obligation for the use of the Licence. The price of the License is only valid for one year and can automatically be increased every year.

8.2 Where applicable, terms of payment and payment options used by the Organisation apply to the payment for the Licence.

8.3 The User must pay the full annual amount for the Licence Agreement in advance. In return, the User receives the Report four times a year.

Article 9 Liability

9.1 The Liability of the Organisation for an attributable failure in performing an agreement, an unlawful act or any other act or omission by the Organisation, its employees or third parties it has engaged, is limited to the compensation of direct damage. The liability of the Organisation with regard to direct damage is per event (with a series of related events being regarded as a single event) will not exceed € 250 (exclusive of Dutch VAT).

9.2 “Direct damage” solely and exclusively refers to:

- damage to property;

- reasonably incurred expenses that the User would have to incur to ensure that performance by the Organisation accords with these Terms of Use;

- reasonable costs the User has incurred to determine the cause and the magnitude of the damage, to the extent that this pertains to direct damage within the meaning of these Terms of Use; and

- reasonable costs incurred to prevent or mitigate damage, to the extent that the User can demonstrate that these costs have resulted in mitigation of the direct damage within the meaning of these Terms of Use.

9.3 The Organisation is not liable for damage other than direct damage as defined in Article 9.2, including consequential damage arising from or connected with the Website (or use of the Website), including but not limited to loss of profit, loss of sales, loss of expected savings and other similar financial losses such as the loss of goodwill or good name or other incidental, indirect damage, or damages by way of sanction or example, of whatever nature, irrespective of whether the User has notified the Organisation of such possible damage, damages or loss.

9.4 Any right to compensation is always conditional upon the User notifying the Organisation of the damage by registered post within 30 days after it has arisen. The User’s right to claim damages pursuant to these Terms of Use, on account of an unlawful act or otherwise will in any case lapse after one (1) year after the event has occurred further to which the claim or proceedings has/have been filed.

9.5 The Reports and Website present specific information, but do not contain any explicit advice or recommendations about investments to be made or actions to be taken. If the User, with due regard to the foregoing, opts to use the studies to support its decision-making process, the Organisation cannot be held liable for the economic success of such investments or actions.

Article 10 Term and termination

10.1 The Licence Agreement is entered into for the period of one (1) year and cannot be terminated prematurely.

10.2 The date of the invoice for the License Agreement sent by the Organization is the start date of the period. Access will be granted once the invoice is paid.

10.3 After the aforesaid period the agreement shall automatically and tacitly be extended with an equal period, unless the agreement is terminated by a written notice to the Organisation at least three months before the end of the period.

10.4 The Organisation reserves the right to block a User, limit its access to the Website or deny it access to the Website, for example but not limited to cases in which the User acts contrary to the Terms of Use and/or laws and regulations or the Licence Agreement or infringes (IP) rights or harms the reputation of the Organisation and/or third parties. Likewise, if a User fails to perform its obligations to the Organisation (or fails to perform them in good time), the Organisation may restrict the User’s access to the Website or deny it access to the Website without the User being entitled to compensation or a refund of its subscription fee and without the Organisation relinquishing the right to initiate proceedings against the User.

10.5 Once the Licence Agreement between the User and the Organisation has come to an end, for whatever reason, the User’s right to use the Website lapses with immediate effect.

10.6 On termination of the Licence Agreement the obligations that are meant to survive the termination of the agreement will continue to exist, including in any event Article 4, Article 6, Article 7, Article 9, and Article 11.

Article 11 Miscellaneous

11.1 These Terms of Use and the use of the Website are governed by Dutch law. All disputes that may arise between the User and the Organisation will be submitted to the competent court in the district of Amsterdam.

11.2 The Organisation may transfer any rights and obligation arising from these Terms of Use to third parties and it will inform the User of this as far as possible. If the User does not find the transfer of obligations to a third party acceptable, it may terminate its agreement with the Organisation by deleting the account.

11.3 In all cases for which these Terms of Use do not provide or that are deemed to be unclear, the Organisation will decide.

Version of 8 June 2021

*******

Contact details of the Organisation

Dutch New Energy Research / (part of Good! BV)
Stationsplein 99 – unit 176
1703 WE Heerhugowaard, the Netherlands

T 0031 (0) 70 220 20 201
E: info@dutchnewenergyresearch.nl.
W: www.dutchnewenergy.nl