Terms & Conditions

1. Applicability

  1. These General Terms & Conditions apply to the Subscription Agreement, Terms of Use and other acts of Provider and Subscriber relating to the formation, content, delivery of ColorBase Products and further performance of all agreements entered or to be entered into between Provider and Subscriber.
  2. The applicability of any other terms and conditions or stipulations is hereby excluded and is expressly rejected. Deviations from and/or additions to the General Terms & Conditions only apply if and insofar as they have been agreed in writing between Subscriber and Provider, and will only apply to the Transaction for which the deviating stipulations and/or additions have been made.

2. Definitions and Interpretation

  1. In these General Terms & Conditions, except so far as the context requires otherwise, words, expressions and capitalised terms used herein and not otherwise defined or construed herein shall have the meanings defined or construed in the Subscription Agreement.
  2. In these General Terms & Conditions:
    1. GDPR means Regulation (EU) 2016/679 and the Dutch Act implementing it.
    2. IPRs means intellectual property rights including patents, copyrights, trademarks, etc.
    3. Personal Data means personal data within the meaning of the GDPR.
    4. Privacy and Cookie Statement means the statement published at https://colorbase.com/privacy-policy/.
    5. Subscription Agreement means the agreement between Provider and Subscriber for access and use of ColorBase Products.
    6. Website means the site accessible via www.colorbase.com.

3. Force Majeure

  1. Failures cannot be attributed if beyond control or not at fault.
  2. Examples include war, pandemics, riots, fire, etc.
  3. On such events, parties may suspend or terminate performance.
  4. Partial performance may still be invoiced and paid.

4. Intellectual Property Rights

  1. All IPRs remain with Provider unless stated otherwise.
  2. Subscriber must report IPR infringements.
  3. Provider not liable for linked external sites.
  4. Subscriber guarantees no third-party rights are violated.
  5. Subscriber indemnifies Provider against IPR claims.

5. Processing of Personal Data

  1. Subscriber must comply with applicable privacy laws.
  2. Refer to the Privacy and Cookie Statement for details.

6. Confidential Information

  1. Includes any marked or obviously confidential data.
  2. Reasonable efforts required to prevent disclosure.
  3. Use limited to Subscription/Transaction purposes.
  4. Disclosure restricted to necessary personnel.
  5. Exclusions: public domain info, third-party sources, independently developed, or legally compelled disclosures.

7. Changes to these General Terms & Conditions

  1. Provider may amend the terms unilaterally.
  2. Subscriber is notified and can object; otherwise changes are accepted.
  3. Amendments shown on the Website constitute acceptance by continued use.

8. Miscellaneous

  1. Invalid provisions do not affect remainder; parties agree to negotiate replacements.
  2. CISG applicability excluded unless stated otherwise.

9. Governing Law

  1. Governed by Dutch law.
  2. Disputes go to district court in Rotterdam.