General terms and conditions

GENERAL PART

Article 1: Scope / General

1. These general terms and conditions apply to all services and activities of Quizzzit (KvK 66808545), including but not limited to those relating to Quizzzit's agreements mentioned below:
   1. subscriptions;
   2. one-off leases;
2. The general part of these terms and conditions (articles 1 to 18) applies to all agreements mentioned in article 1.1. The general part of these terms and conditions applies in addition to the applicable specific terms and conditions. These specific terms and conditions (from article 19 onwards) apply to the extent covered by the relevant agreement. For the application of the specific terms and conditions, therefore, the type of the agreed Agreement must be considered.

 
Article 2: Definitions

Whenever the following terms are mentioned in these conditions, they mean:

1. Equipment: All items that Client receives from Quizzzit under the Agreement and will keep (on loan) for the duration of the Agreement. Items not explicitly mentioned in these terms and conditions or the Agreement are to be provided by Client.
2. Client: The party with whom Quizzzit enters into an Agreement.
3. Receive/Deliver: Where this agreement refers to receiving and/or delivering, the Quiz(es) have been received or delivered to the Client when Quizzzit has made them accessible to the Client by placing them in the download portal, or sending the link by which the Quiz(es) can be downloaded or by providing the hardware by which the Quiz(es) can be played.
4. Agreement: The agreement that Client enters into with Quizzzit regarding the use of Quiz(zen) from Quizzzit. Depending on the type of Agreement, this may be a subscription or a one-off rental agreement.
5. Quizzzit: partnership firm Quizzzit.
6. Quiz/Quizzes: The product/service that Quizzzit develops and provides under the Agreement and to which the Client receives a right of use. This refers to a game concept, Quiz(zen), of which Quizzzit creates the content.
7. Written and In these terms and conditions, written means by registered mail and/or e-mail. In the case of an e-mail, an e-mail shall only be deemed to have been received after receipt thereof has been confirmed by Quizzzit itself or after Quizzzit has responded to it substantively. An automatically generated confirmation of receipt, shall therefore not count as a confirmation of receipt within the framework of these terms and conditions.
8. Voting boxes: Participation in Quiz(es) is only possible through the use of voting boxes. Wherever Material is written in this Agreement, Voting Boxes are also meant, unless explicitly stated otherwise. 

Article 3: Quotations / offers

1. All offers and/or quotations, are - unless explicitly agreed otherwise - entirely without obligation. If no acceptance period has been set, the offer or quotation shall lapse by operation of law twenty (20) days after it has been submitted to the Client. If a change in circumstances occurs on the part of Quizzzit, as a result of which Quizzzit can no longer reasonably comply with an offer/quotation, Quizzzit shall notify the Client thereof immediately after being notified. In that case, the quotation/offer, even if accepted by the Client, shall lapse by operation of law after notification by Quizzzit to the Client. If possible, Quizzzit shall submit a new offer/quotation to Client.
2. Quizzzit shall exercise due care when preparing tenders/offers. If any information in the quotation/offer turns out to be incorrect or a quotation/offer, as described in article 3.1, is cancelled, the Client cannot derive any rights from it.
3. Insofar as not specifically described in the quotation and/or offer, the prices stated therein are exclusive of VAT, other government levies and any costs to be incurred in the context of the agreement.
4. If the acceptance of the quotation/offer differs from Quizzzit's quotation/offer, Quizzzit shall not be bound by it. 
5. By signing and/or consent of the Client to an offer/quotation of Quizzzit, except for the amended consent referred to in article 3.4, the Client is bound by the offer. Furthermore, the Client is obliged to enter into an agreement with Quizzzit in which the offer and specific conditions are laid down. Insofar as no other effective date is included in the Agreement, it shall come into effect after it has been signed by both parties.  

Article 4: Quiz(es)

1. Quizzzit develops and operates Quiz(es) for which Client obtains a right of use, limited in accordance with the Agreement.
2. The Quiz(es) have 75 questions as standard.
3. Without specific agreements to the contrary, Quizzzit may, at its discretion, determine which Quiz(es) will be delivered to the Client under the Agreement.
4. Quizzzit itself determines the content and content of the Quiz(es) it provides. The Client has no say in this. Quizzzit shall try to vary the (content of the) Quiz(es) it supplies under the Agreement as much as possible. Failure to do so shall not constitute a shortcoming in the performance on the part of Quizzzit. 
5. If Client wishes to have a say in the content of Quiz(zen), this is only possible when Client has a quiz customised by Quizzzit. 
6. Participation in and use of the Quiz(es) is only possible using the Voting Boxes provided by Quizzzit.

Article 5: Right of use

1. Pursuant to the Agreement, the Client acquires, for the duration of the Agreement, a non-exclusive and non-transferable right to use the Quiz(es) in the manner and for the duration and frequency as further described in the Agreement or the specific part of these terms and conditions. 
2. The right of use comprises one licence, which is linked to the location referred to in Article 5.4. If the Client wishes to use the Quiz(es) at multiple locations, the Client must obtain a licence from Quizzzit for each separate location.
3. The Client's right of use is non-transferable and not sub-licensable. Without prior written permission from Quizzzit, Client is not permitted to reproduce, rent out, lease, sub-licence, sell, alienate, pledge, give as security / deposit / transfer, or transfer the Quiz(es) to third parties under any title whatsoever - whether or not for no consideration.
4. The right to use the Quiz(es) is linked to the location specifically included in the Agreement. The Client may not change this location without Quizzzit's prior written consent. If the parties have not agreed on an explicit location in the Agreement, the location shall mean the address where the Material is handed over or delivered (by post) or, in the absence thereof, the office address of Client. 
5. At the location referred to in Article 5.3, the Client may exploit the Quiz(es) for its own benefit by, for example, organising a quiz night in which participants can participate for a fee.
6. At the time of termination of the Agreement, regardless of the reason, the right of use shall immediately and by operation of law expire.
7. Unless otherwise agreed, Quizzzit shall remain the owner of the Material. The provisions of Articles 5.1 to 5.5 also apply to the right of use of the Material.
8. Within the limits of the Agreement, the Client is only permitted to use Quizzzit's trade name and logo when presenting and identifying the Quiz(es). The Client is permitted to use the trade name and logo in its own advertising and/or advertisement, only insofar as the purpose thereof is to arouse the interest of third parties for an event at which the Quiz(es) are central or are part thereof.

Article 6: Client's obligations

1. The Client is obliged to closely follow the instructions of Quizzzit regarding (the use of) the Quiz(es) and (the use of) the Material. The instructions are also set out in the manual and quizmaster's book that Client receives from Quizzzit.
2. Customer is obliged to manage and care for the Material as befits a good user. This includes, but is not limited to, using the Material, whether or not by third parties, without damaging it, keeping the Material clean when it is dirty, adequately securing the Material both, but not exclusively, against theft and weather influences that are harmful to the Material. In that context, Quizzzit points out that the Material should be kept dry. It should not be stored in a damp room, due to the sensitivity of the Material when exposed to humidity. 
3. Client should renew the batteries of the Voting Boxes every two years, preventively, at its own expense, except for the situation of a one-time Agreement.
4. Client shall ensure the presence at the location of the proper power supplies for the Material with the proper voltage connection. The absence thereof at the location is at the Customer's own expense and risk.
5. Customer is prohibited from altering or changing the Quiz(es) and the Material. This also applies to advertising, trademarks and other items present on the Material at the time of delivery, which Client may not remove or alter from the Material.
6. Customer shall ensure that third parties do not plaster and/or otherwise affix things to the Material, regardless of whether or not they can be removed from the Material.
7. The Client shall ensure that the rules of the game regarding the Quiz(es) are known to the participants and are observed. 
8. If the Material is seized, Client shall inform the person levying the seizure by return of Quizzzit's capacity as owner of the Material, just as Client shall inform Quizzzit by return of the seizure of the Material. An exception to this is the situation where Client is himself the owner of the seized goods.
9. If, in connection with the Material, recourse must be had to the insurance(s) taken out by the Client, the Client must, at Quizzzit's first request, provide all assistance in assigning his claim on the insurer to Quizzzit.
10. The Client is responsible for the participants in the Quiz(es) and must oblige them not to duplicate, copy the (content of the) Quiz(es).

Article 7: (Intellectual) Property rights and Third Party rights

1. By entering into force of the Agreement, the Customer only receives a right of use. There is no transfer of any other right whatsoever.
2. All intellectual property rights to the (content of the) Quiz(es) and/or the promotional/advertising material rest with Quizzzit. The Client is not permitted to copy or disclose the (content of the) Quiz(es) or parts thereof via the Internet. Publication of the Quiz(es) is only permitted at the Client's location and within the limits of the Agreement. 
3. The (Intellectual) Property of the Quizzzit trade name and logo rests with Quizzzit. The Client is not entitled to use this Trade name or logo, except in the manner described in article 5.8, or to register it as a trademark.
4. The Client is aware that Quizzzit processes in the Quiz(zen) material that is subject to rights of third parties. Quizzzit shall take the utmost care to ensure that the rights of these third parties are respected. The Client must respect all rights of third parties with regard to the (content) of the Quiz(zen). As soon as a third party reports the occurrence of an infringement of a right of this third party in the context of the Agreement to the Client, the Client is obliged to report this immediately to Quizzzit.  
5. The Client is not allowed to change, remove or make unrecognisable any indication of intellectual or industrial property of Quizzzit.
6. The Client is not allowed to disclose the Quiz(es) to third parties, or to create the impression in any other way that the Quiz(es) are its (intellectual) property or have been made by it.  

Article 8: Technical support and breakdowns

1. As part of the Agreement, Quizzzit provides technical support to the Client. Support includes: answering questions, providing assistance with malfunctions. Support takes place by telephone, e-mail, or via teamviewer. Quizzzit does not have to come on site when support is possible in the ways indicated above. Client is obliged to make these options available to Quizzzit, by having a working internet connection and/or having teamviewer installed and/or being available by telephone.  
2. When, despite article 8.1, the Client requests Quizzzit to provide on-site support, Quizzzit shall be entitled to charge the Client in full for the costs it has incurred, including but not limited to hourly wages of € 75,= (excluding VAT) and transport costs. If it turns out that on-site support is necessary as a result of an error by Quizzzit, the costs of the support shall be borne by Quizzzit. However, Quizzzit retains the right to provide remote support, if that way the error can also be repaired. 
3. Quizzzit provides support on weekdays between 08:30 and 21:00 and on weekends between 10:00 and 20:00 Quizzzit can be reached at 0411-602425 or by email info@quizzzit.nl
4. If a malfunction occurs in the Equipment and/or Quiz(zen), the Client must immediately report this to Quizzzit.
5. Faults or defects can be reported at the times mentioned in article 8.3.
6. Quizzzit shall endeavour to remedy a malfunction or defect as soon as possible after receipt of the report in a manner to be determined by Quizzzit itself, which it considers most appropriate.
7. Without the prior written consent of Quizzzit, the Client shall not be permitted to have the fault or defect remedied by a third party.
8. If the defect or malfunction is of a technical nature and arises during normal use of the Equipment and/or Quiz(es) and cannot be attributed to Client or third parties for which Client is responsible (including participants in the Quiz(es)), the costs of remedying the malfunction / defect shall be borne by Quizzzit. In all other cases, all costs relating to remedying the malfunction / defect, whether or not by repair or replacement, shall be borne in full by the Client. This includes the situation where a malfunction or defect is the result of improper or incorrect use, or molestation or loss (in any way whatsoever) or theft of the Equipment, regardless of whether Client or a third party is the causer thereof.
9. Quizzzit shall not be liable for damage suffered by the Client due to a defect or malfunction, except for the situation where it is the result of intent or gross negligence on the part of Quizzzit itself or its managers.  

Article 9: Deposit

1. Under the Agreement, Client shall owe Quizzzit a (one-off) deposit of €250. Client shall owe the deposit to Quizzzit in advance - immediately after the Agreement is concluded. 
2. As long as the Client has not paid the deposit, Quizzzit need not provide the Client with the right to use the Quiz(es) and/or the Material. Client's failure to pay the deposit on time and any consequences associated therewith shall be entirely for Client's account.
3. Subject to Article 6, Client is fully responsible for the Material which Client receives on loan from Quizzzit under the Agreement. This responsibility exists from the moment the Material has left Quizzzit's premises until the moment the Material is received back by Quizzzit. To the extent that damage to the Material occurs, for whatever reason, during the period that Contractor is responsible for it, Client shall be fully liable for such damage.
4. Quizzzit shall be entitled to offset damage to the Material against the deposit paid by Client. To the extent that the damage to the Equipment exceeds the amount of the deposit, Client shall be liable for the amount of damage exceeding the deposit. Client shall pay this amount upon first request to Quizzzit in the manner indicated by Quizzzit. Only when the Materials are returned without damage, Quizzzit shall refund the full deposit to Client.
5. Specific note: Should voting boxes be lost during the event, Quizzzit will be obliged to charge €30.

Article 10: Payment and shipping costs

1. The Client shall be in default by operation of law, i.e. without the need to send a notice of default, by failing to pay (on time) a payment due under the Agreement once or by failing to pay an invoice from Quizzzit within the expiry period of fourteen days from the invoice date.
2. When the Client is in default, the Client shall by operation of law owe Quizzzit extrajudicial collection costs on the outstanding amount. They shall be calculated in accordance with the following graduated scale:
   1. 15% on the first €2,500 of the principal amount of the claim;
   2. 10% on the next €2,500 of the amount of the principal of the claim;
   3. 5% on the next €5,000 of the amount of the principal of the claim;
   4. 1% on the next €190,000 of the principal amount of the claim;
   5. 0.5% on the excess of the principal amount of the claim with a maximum of €6,775
3. If the Client fails to make up arrears with Quizzzit and Quizzzit has to incur costs for the collection of its claim against the Client, by, inter alia, engaging the help of a third party, the Client shall be liable for and obliged to reimburse, in the broadest sense of the word, all costs incurred by Quizzzit for the purpose of collecting the said claim and charged to Quizzzit. 
4. If the Client is in default with its obligations under the Agreement, Quizzzit is entitled, without prior notification to the Client and at the Client's expense and risk, to suspend all its obligations under the Agreement towards the Client, until the Client has fulfilled all its obligations towards Quizzzit. 
5. The right of suspension is excluded on the part of the Client.
6. Insofar as the Client would have a claim against Quizzzit, the Client shall not, without Quizzzit's prior written consent, be entitled to set off this claim against a claim of Quizzzit against the Client.
7. To the extent that Quizzzit must pay shipping costs for having the Material delivered to Client or Client owes shipping costs for returning the Material to Quizzzit, these costs shall be borne entirely by Client.  

Article 11: (Music) rights

1. The Quiz(es) may incorporate sound clips, for which rights must be remitted to the relevant copyright organisation. These copyrights are additional costs not included in the Agreement. The Client itself is responsible for concluding a licence for those sound fragments with the relevant copyright organisation and for paying the costs owed to the copyright organisation.
2. Client shall indemnify Quizzzit against all claims of these copyright organisations.

Article 12: Liability

1. Quizzzit shall only be liable for damage caused by intent or gross negligence on the part of Quizzzit itself or its managers.
2. Quizzzit shall never be liable for indirect or consequential damage, not even when it is caused by the non-functioning or malfunctioning of Equipment originating from Quizzzit or software used by Quizzzit.
3. The Client shall indemnify Quizzzit against third-party damage arising from the Agreement which damage may or may not arise from the Client's failure to respect the rights of these third parties.
4. If it should be ruled that Quizzzit must compensate the Client's damage, this damage shall be limited to, depending on the nature of the Agreement, the invoice value of the Agreement (in case of one-off Agreements) or to the monthly amount owed by the Client to Quizzzit in which the damage occurred. 
5. To the extent that a damage-causing situation would arise, Quizzzit shall at all times be entitled to remedy this situation, in which case Quizzzit cannot be held liable for any damages for this.  

Article 13: Dissolution

1. The parties are authorised to terminate the Agreement if the other party:
   1. fails to fulfil its obligations under the Agreement and is in default in this respect. The party that fails to fulfil its obligations must be given a reasonable period, of at least fourteen days, to still fulfil the Agreement, failing which the other party may proceed to dissolve the Agreement;
   2. is declared bankrupt or is granted suspension of payments, or files a petition to that effect, or, in case of bankruptcy, a petition is filed by a third party. In this case, dissolution may take place immediately;
   3. ceases its business activities or otherwise indicates that it will/can no longer fulfil its obligations under the Agreement. In this case, dissolution may take place with immediate effect.
2. In the event of dissolution of the Agreement, Quizzzit shall be entitled to immediately retrieve/claim the Material from Client or Client shall return the Material to Quizzzit at the first request in the manner indicated by Quizzzit and Quizzzit shall be entitled to render Client's use of the Quiz(es) impossible with immediate effect.
3. If the dissolution of the Agreement is attributable to Client:
   1. the costs involved in returning the Material shall be borne entirely by Customer;
   2. Client shall be obliged to fully compensate Quizzzit for the damage suffered by Quizzzit as a result of the dissolution of the Agreement, including loss of turnover.
4. Regardless of the reason for the dissolution of the Agreement, Client remains obliged to keep, care for and insure the Material as befits a good user until the Material is collected by Quizzzit.  

Article 14: Customised Quiz

1. Quizzzit can customise (a) Quiz(es) at the request of the Client, taking into account the Client's specific requirements.
2. At the request of the Client, Quizzzit can make an offer for a custom-made Quiz.
3. After the Client has given the assignment to Quizzzit to create a custom-made Quiz, the Client can only terminate the Agreement (prematurely) if he reimburses all the costs incurred by Quizzzit in the context of the Agreement. 
4. Unless otherwise agreed, the copyrights relating to the Customised Quiz shall remain with Quizzzit and shall not be transferred to Client.
5. With regard to the Customised Quiz, Client shall receive an exclusive and non-transferable right of use. Without prior permission from Quizzzit, Client is not allowed to sell the Customised Quiz or to give it to another party for use (against payment or otherwise).

Article 15: Miscellaneous

1. Amendments and/or additions to the Agreement, except for those explicitly mentioned in these terms and conditions, shall only become effective after prior consultation and prior written consent of the parties.
2. Without prior written consent of Quizzzit, Client is not entitled to transfer powers, (pre)rights and actions/claims under the Agreement to (a) third party(ies). 
3. Without prior written permission from Quizzzit, Client is also not entitled to have (a) third party (parties) take its place in the Agreement.
4. If one or more provisions of the Agreement and/or the applicable terms and conditions should prove to be non-binding, the remaining provisions of this Agreement shall remain in force. Quizzzit and Client undertake to replace the non-binding provisions by such provisions, which are binding and which deviate as little as possible - with due observance of the scope of the Agreement and applicable terms and conditions - from the non-binding provisions.
5. Quizzzit is entitled to unilaterally amend these general terms and conditions. The unilaterally amended general terms and conditions shall apply to the Agreement from the time of amendment.
6. The applicability of any general terms and conditions of the Client, Quizzzit explicitly rejects. To the extent that there is ambiguity about the applicable general conditions, Quizzzit's conditions shall at all times prevail over the conditions of the Client.
7. By entering into an Agreement with the Client, Quizzzit does not assume more obligations than those arising, subject to these terms and conditions, from the agreements.
8. If Quizzzit does not always require strict compliance with these general and specific terms and conditions, it does not mean that the provisions thereof do not apply, or that Quizzzit to any extent releases the right to require strict compliance with the provisions of these terms and conditions by the Client. 
9. The most recent version of these terms and conditions can be found on Quizzzit's website www.quizzzit.nl. 

Article 16: Choice of law and competent court

1. The Agreement and general terms and conditions are governed by Dutch law.
2. All disputes arising from the Agreement and/or the applicable terms and conditions or disputes related thereto shall be settled in first instance by the District Court of Limburg, location Maastricht.

SPECIFIC CONDITIONS PART A: Subscription and loan

Article 17: Subscription and receipt of Quiz(es)

1. Client can take out a monthly or quarterly subscription with Quizzzit.
2. The Quiz(zen) is offered by Quizzzit by means of a link or via a download portal. As soon as the Quiz(zen) can be downloaded via the link, Client will receive an e-mail with the link just as Client will receive an e-mail when the Quiz(zen) is accessible via the download portal.
3. The Client is responsible for receiving the emails referred to in Article 17.2. Not receiving the e-mails by the Client, while Quizzzit uses a correct e-mail address, shall not be considered a shortcoming in the fulfilment on the part of Quizzzit. This shall be for the Client's own account and risk. 
4. In the case of a monthly subscription, the Client will receive (access to) a new Quiz each month, at least five days before the first day of the new month, but no later than noon on the first day of the new month, in the manner indicated in article 17.2, which the Client can use during the month in the manner indicated in the Agreement and these terms and conditions. 
5. In the event of a quarterly subscription, the Client will receive (access to) a new Quiz at least five days before the first day of the new quarter, but no later than 12.00 noon on the first day of each new quarter, in the manner indicated in article 17.2, which the Client may use during the quarter in the manner indicated in the Agreement and these Terms and Conditions. For the purposes of this Agreement, a quarter is a period of three consecutive months, commencing on the effective date stated in the Agreement.
6. After the expiry of the month/quarter, but no later than the same time at which the new Quiz(zen), as referred to in 17.4 and 17.5, is accessible to the Client, the right of use of the Quiz(zen) of the expiring month shall lapse by operation of law, as the Quiz(zen) is made inaccessible by Quizzzit. The expiry of Quiz(zen) means that it can no longer be used by the Client.
7. Client has no say in the Quiz(es) provided by Quizzzit under the Agreement.
8. If the Client wishes to receive Quiz(es) other than the Quiz(es) delivered by Quizzzit under the Agreement, this shall only be possible on payment of an additional charge. Unless otherwise agreed, the right of use in respect of those Quiz(es) shall be a one-off right of use as if it were a one-off rental agreement.

Article 18: Termination of Subscription

1. The subscription is entered into for the duration laid down in the Agreement. In the absence of a commencement date, the commencement date shall be the date on which both parties have signed the Agreement or, in the absence thereof, the time at which it is clear from the facts and circumstances that the arrangements laid down in the Agreement are being implemented by the parties.
2. After the expiry of the term referred to in Article 17.1, the Agreement shall continue ipso jure for a consecutive period of one (1) year each, unless terminated by notice of termination by either party.
3. Termination of the Subscription takes place In Writing by giving notice thereof by the end of the current period, subject to three (3) months' notice. 

Article 19: Use of Quiz(es), Material and Voting Boxes

1. Client may use the Quiz(es) without restriction during the month or quarter for which it is received, by organising events where participants play the Quiz(es).
2. Without the prior consent of Quizzzit, Client shall not be entitled to maintain / repair the Material himself (or have it maintained / repaired by a third party).
3. The Equipment has a manufacturer's warranty period of one year. Insofar as a claim can be made under the warranty for maintenance / repair of the Equipment and the costs thereof are reimbursed, Customer need not bear these costs. After expiry of the warranty period or to the extent that the costs for maintenance / repair are not covered by the manufacturer's warranty, these costs shall be borne in full by Customer. 
4. Items not explicitly named in the Agreement shall not be provided by Quizzzit. The Client must take care of that himself.
5. Unless otherwise agreed, the Material remains the property of Quizzzit, Client has the Material on loan and owes a monthly fee to Quizzzit for it. 
6. At the moment of termination of the Agreement, Client shall return all the Material to Quizzzit at Quizzzit's first request in the manner indicated by Quizzzit. Any costs involved in this shall be borne entirely by Client. Until the Material is returned, Client shall keep it for Quizzzit as a good user. 

Article 20: Price and payment

1. The Client shall owe the monthly charges included in the Agreement to Quizzzit in full and in a lump sum in advance to the payment account included in the Agreement.
2. Quizzzit is not required to provide Client with access to the (first) Quiz(es) until the moment when payment of the first payment period (including the deposit) due under the Agreement has been made in full.
3. Quizzzit shall be entitled to annually index the prices charged by Quizzzit and/or agreed by Agreement per 1 January in accordance with the CBS consumer price index figure.
4. The Client is responsible for having and keeping up-to-date the software and hardware that the Client needs to be able to use the Quiz(es), unless provided by Quizzzit. If it turns out that the software or hardware is not compatible (or contains viruses or has insufficient memory) for receiving and/or playing/using the Quiz(es), this shall be entirely at the expense and risk of the Client. This situation shall not constitute a shortcoming in performance on the part of Quizzzit and shall not be a reason for early termination or dissolution of the Agreement.  

SPECIFIC CONDITIONS PART B: One-off rental agreement

Article 21: Payment and prices

1. Unless otherwise agreed, Quizzzit will send the Client an invoice under the Agreement, which invoice must be paid within fourteen (14) days of the invoice date in the manner indicated in the invoice. If payment is not made on time, the Client shall be in default by operation of law. Sending a notice of default is therefore not necessary.

Article 22: Use of Quiz(es) and Material

1. Client receives a one-time right of use of the Quiz(es) and the Material.
2. The Material shall be delivered by a transport service to a location agreed by the parties at a time specified in the Agreement and must be received back by Quizzzit by Client through the transport service indicated by Quizzzit on a date specified in the Agreement. Failing to agree on a date for dispatch to Client, Quizzzit shall ensure that the Materials are delivered to Client no later than 6pm on the day before use is made of the Quiz(es) and Voting Boxes. In the absence of an agreed date for returning the Quiz(es) and Voting Boxes, the Client should return the Voting Boxes no later than 12.00 noon on the day after the Quiz(es) and Voting Boxes have been used, in the manner indicated by Quizzzit.
3. Unless otherwise agreed, Customer shall take care of the assembly and disassembly, connection and closure of the Equipment to the extent necessary.

Article 23: Premature termination of the Agreement

1. Upon premature termination of the Agreement - hereinafter Cancellation - Quizzzit shall be entitled to charge the following costs by default - as cancellation costs - to the Client:
   1. 20% of the total price for Cancellation within 4 weeks before the time referred to in Article 20 .1;
   2. 50% of the total price for Cancellation within 3 weeks prior to the time referred to in clause 20.1;
   3. 100% of the total price for Cancellation within 2 weeks prior to the time referred to in Article 20.1.

Cancellations can only be made in Writing.

2. In addition to the costs mentioned in article 23.1, the Client shall be obliged to reimburse the costs actually incurred by Quizzzit up to the moment of Cancellation. These include, but are not limited to, the work already performed by Quizzzit in the context of a custom-made Quiz.

Version January 2017