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registration

The registration process consists of five steps:

complete the registration form below;
we establish your precise requirements by phone;
you receive a tailor made contract and invoice;
you return a signed version of the contract;
you either directly start to use the service or we configure the system.

contact information

first name:
last name:
telephone:
email:

business information

organisation:
type of business:
number of employees:
country:

terms of use

ProvenModels provides its services subject to the following terms and conditions. We may periodically change the Terms, so please check back from time to time. These Terms were last updated on March 30, 2006.
1. definitions

ProvenModels: shall mean ProvenModels with its registered office in Amsterdam (The Netherlands) and its principal place of business at Wouwermanstraat 29bv (1071 LV) Amsterdam, The Netherlands, registered with the Dutch Chamber of Commerce in (Amsterdam) filed under registration number 342315940000;
Subscriber: shall mean the other party ProvenModels has entered in negotiation with and, if applicable, the counterparty of Proven-Models under the Agreement;
Agreement: shall mean an Order Form signed by both ProvenModels and Subscriber, pursuant to which ProvenModels will provide Subscriber with the Product;
Order/Order Form:	shall mean a written order pursuant to which Subscriber can order the Product;
Product: shall mean the Model Book to which Subscriber has subscribed according to the Agreement with ProvenModels;
Model Book: shall mean a subscription to one of the following digital Model Books: Personal Model Book; Corporate Model Book; Corporate Model Book Plus;
Administrator: shall mean the Corporate Model Book (Plus) Subscribers in-house contact for ProvenModels;
Customer Information: shall mean information about the Subscriber that ProvenModels will need to perform according to the Agreement;
Terms and Conditions: shall mean the terms and conditions at issue;
Content: shall include but not be limited to all information provided by ProvenModels Product.

2. general

these Terms and Conditions shall apply exclusively to all Agreements, Orders and all other negotiations with Subscriber, disregarding any opposing or supplementing terms and conditions of Subscriber.
placing an Order includes acceptance of the applicability of these Terms and Conditions, with the explicit exclusion of the terms and conditions of Subscriber.
no waiver, alteration or modification of any provisions hereof shall be binding, unless in writing and signed by ProvenModels and will then only be valid for the specific Agreement.
the Terms and Conditions are subject to change upon notice by ProvenModels.
in case of conflict between these Terms and Conditions and the Agreement, the terms of the Agreement will prevail.

3. orders, agreement and delivery

any Order or Order Form provided by ProvenModels to Subscriber shall be deemed an invitation to Subscriber for submitting an offer to ProvenModels.
placing the Order will take place by Subscriber signing and returning the Order Form.
subscriber to the Personal Model Book will be provided with a username and password by e-mail, within 48 hours after payment is received.
the Administrator of Subscribers to the Corporate Model Books will receive a username and password by email within 48 hours after the contract is signed and returned.

4. prices and payment

all prices in the Order Form are in Euros. VAT or other taxes are not included. VAT shall be separately stated on the invoice.
ProvenModels will be entitled to adjust prices by means of written notification at least three months in advance.
subscriber will pay ProvenModels no later than thirty (30) days after the date of the invoice. Payments will be made to an account designated by ProvenModels.
in case Subscriber does not pay the amount due within the stipulated term, Subscriber will be in default and will owe legal interest over the outstanding balance, payable on a monthly basis. Furthermore, Subscriber will pay any costs, fees and expenses incurred in connection with the collection of the debt. If Subscriber is in default, ProvenModels will be entitled to immediately suspend performance of all obligations arising from the Agreement or to dissolve the Agreement without judicial intervention. The costs and consequences of aforementioned suspension and/or dissolution are for Subscriber's own expense and risk.

5. term and termination

the Agreement will enter into force on the date of signing of the Order Form by ProvenModels. The term of the Agreement will be one (1) year. After the first year, the Agreement will automatically continue for a subsequent period of twelve (12) months, unless Subscriber has informed ProvenModels in writing of his intention to terminate the Agreement three (3) months before the expiry of the term of the Agreement.
ProvenModels is entitled to terminate the Agreement at any time for any reason with a three (3) month term of prior written notice.
in the event Subscriber is in default, or in case of bankruptcy or suspension of payment by Subscriber, ProvenModels may terminate the Agreement immediately.
in case of termination of the Agreement, all obligations of the Agreement are due immediately. The Terms and Conditions shall remain applicable to the relationship between parties as far as possible.
immediately following the termination of the Agreement, Subscriber will remove all content that is downloaded from ProvenModels from its own media.
after termination all company specific models will be deleted. Subscriber can download a copy of the models they have added to the ProvenModels database, within a period of one (1) month after termination.

6. user rights

subscriber shall withhold from providing, distributing, reselling Content of any part thereof to third parties. However, Subscriber is allowed during the term of the Agreement to incorporate the Content into its own work, as long as it is in the course of its own business.
after termination Subscriber shall no longer use or reuse Content provided by ProvenModels, including but not limited to the use of reuse of reports or presentations written with Content provided by ProvenModels during the term of the Agreement.

7. support

during the first 3 months in the first year of the Subscription ProvenModels will give free support. Thereafter, Support is available based on agreement according to subsection B of the Order Form. The support is only optimised for Internet Explorer 5.0, 5.5 and 6.0 as well as Mozilla Firefox on the Windows platform, whereby Subscriber must also have JavaScript and HTTP cookies enabled.
only the Administrator for the Corporate Books is entitled to contact ProvenModels for Support.
ProvenModels will respond to emails relating to user related issues, such as password/login questions within 24 hours and will use reasonable effort to solve this type of problems within 48 hours after the first response.
ProvenModels will use reasonable effort to solve content issues, such as model descriptions or assets, within 7 days after the first response.
solving technical issues that are not solvable due to a failure of the Product, will need to be scheduled according to new releases of the digital knowledge base (is ProvenModels prerogative).

8. warranty

ProvenModels will use reasonable effort to provide Subscriber with correct information, however ProvenModels does not warrant that Content provided by ProvenModels is correct at all times.
Subscriber is deemed to be an expert in the area of management consultancy. The use made by Subscriber of Content provided by ProvenModels is at Subscribers sole and own risk.
ProvenModels is not responsible for content of links to third-party Web sites, and of content appearing to be on this knowledge base which is in fact supplied by third parties.

9. liability

ProvenModels cannot be held liable for any damages whatsoever arising from breach of contract or any other violations under this Agreement.
in the event, not withstanding the limitation of liability in subsection 1 of this article, ProvenModels liability under the Agreement will be limited to compensation for direct loss on the part of ProvenModels, to a maximum of the contract price. If the Agreement has a term longer than twelve months, the contract price will be fixed at the total amount of payments paid over twelve months. In no event will the total compensation for direct loss amount to more than € 1.250.000,-.
direct loss will include only: a. the reasonable costs Subscriber is required to incur, within reason, to have ProvenModels' performance comply with the Agreement. However, such loss will not be compensated if the Agreement is terminated by the Subscriber. b. the reasonable costs made in order to determine the cause and the extent of the loss, insofar as such determination is related to the direct loss under subparagraph (a) above. c. the reasonable costs made in order to prevent or limit the loss, insofar as Subscriber is able to demonstrate that these costs have resulted in a limitation of the direct loss under subparagraph(s) (a) and/or (b) above.
ProvenModels does not accept any other liability than the liability specified in subsection 1 within the limits of that subsection, including but not limited to indirect loss, consequential loss, such as loss of income, loss of profits, loss of savings not realized, loss due to interruption of operations and loss and costs incurred due to the loss of information and damages suffered by third parties.
subscriber's right to compensation will dissolute if Subscriber does not submit a claim in writing to ProvenModels within twelve (12) months after the loss should have become reasonably known to Subscriber.
the foregoing will not be binding if and to the extent that the loss is caused by gross negligence on the part of Subscriber.
subscriber will indemnify ProvenModels for all liability claims by third parties.

10. force majeure

ProvenModels will not be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure. Force majeure shall also include a situation when the server is not available for reasons that cannot be directly contributed to PM's actions.

11. confidentiality

subscriber will treat any technical, commercial or other information provided by ProvenModels as confidential.
ProvenModels will only use the Customer Information for the fulfillment of its obligations under the Agreement.
the obligations of confidentiality are not applicable to information that is public.
the obligations of confidentiality do not end after termination of the Agreement.

12. intellectual property rights

ProvenModels shall be the owner of, and hereby reserves, any and all patent, trade secret, trademark and other intellectual property rights with respect to the Product.
ProvenModels reserves any and all rights that it may have to any of its names, logos, designs and trademarks that are included in the branding of the Product or otherwise used in connection with the marketing, sale or distribution of the Product under these Terms and Conditions.

13. governing law and dispute resolution

the Terms and Conditions, Orders and Agreements, are construed in accordance with and shall be governed by and enforced under the laws of the Netherlands.
all disputes arising between ProvenModels and Subscriber shall be finally settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut).
the arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Amsterdam. The arbitral procedure shall be conducted in the English language.

14. language

the English language shall control these Terms and Conditions as well as all negotiations, communications and Agreements, in all respects.

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corporate model book plus membership

service description:

registration

contact information

business information

terms of use