Content
A word of warning
Decompression diving requires specialized equipment and specialized training. Always dive within your training and within the limits imposed by your certification.
This tool comes with all the usual warnings, and all of the usual "no guarantee"s. I've found it fun to write, I've found it's a useful tool to help me understand decompression theory, and I would use it as a tool to plan decompression dives. I would always check decompression profiles against tables or another tool, and you should do so too. Always apply your common sense.
About octo-deco software
Octo-Deco is open source (LGPLv3). That means the decompression computations are all open source. You can download the (Python) source code, inspect it, and use it for free. The web site you're looking at makes it easy to access & use this library. For more information about features and possibilities, see Plans.
About OCTO Cloud Things
This website is run by:Company name (Bedrijfsnaam) | OCTO Cloud Things |
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Dutch chamber of commerce (KVK-Nummer) | 84387459 |
Tax number (btw-id) | NL003957368B27 |
Contact | e-mail: info@octo-deco.nl |
Payments and payment terms (Verzend- en leveringsbeleid)
For Payments and payment terms (Verzend- en leveringsbeleid) please refer to the applicable paragraph in the Terms and Conditions below.
Terms and Conditions (Algemene Voorwaarden)
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E-mail: info@octo-deco.nl
Website: octo-deco.nl
Definitions
1. OCTO Cloud Things: OCTO Cloud Things, established in Valkenswaard, Chamber of Commerce no. 84387459.
2. Customer: the party which OCTO Cloud Things has entered into an agreement with.
3. Parties: OCTO Cloud Things and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of OCTO Cloud Things.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by OCTO Cloud Things are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. OCTO Cloud Things is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The parties agree on a total price for a service provided by OCTO Cloud Things. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. OCTO Cloud Things will communicate price adjustments to the customer at least 31 days prior to the moment the price increase becomes effective.
5. The consumer has the right to terminate the contract with OCTO Cloud Things if he does not agree with the price increase.
Payments and payment terms
1. Services provided by OCTO Cloud Things typically include a 'free trial period', where a fee is charged only to confirm the Consumer's payment method.
2. After the free trial period, the subscription requires automated upfront payment. OCTO Cloud Things will automatically, at the agreed interval, charge the payment method provided by the Consumer.
3. When payment is received, the subscription will activate without delay, and the services will be accessible to the Consumer through the login method used to acquire the subscription.
4. Consumer may terminate the subscription at any time. Upon doing so, new payments will not be incurred, and the Consumer retains the right and ability to use the services for the period already paid.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to OCTO Cloud Things with any claim on OCTO Cloud Things.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for OCTO Cloud Things, not obligations of results.
Performance of the agreement
1. OCTO Cloud Things executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. OCTO Cloud Things has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that OCTO Cloud Things can start the implementation of the agreement on time.
5. If the customer has not ensured that OCTO Cloud Things can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
1. The customer shall make available to OCTO Cloud Things all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
Duration of the service agreement
1. The agreement between OCTO Cloud Things and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give OCTO Cloud Things a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Indemnity
The customer indemnifies OCTO Cloud Things against all third-party claims that are related to the products and/or services supplied by OCTO Cloud Things.
Liability of OCTO Cloud Things
1. Decompression diving requires specialized equipment and specialized training. Services provided by OCTO Cloud Things are not and cannot be a substitute for proper training in decompression diving. The Consumer agrees to always dive within their training and within the limits imposed by their certification.
2. The decompression profiles provided by OCTO Cloud Things are provided as-is and without any guarantees. OCTO Cloud Things cannot be held liable for any form of illness, decompression related or otherwise, arising from following these profiles.
3. OCTO Cloud Things is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
4. If OCTO Cloud Things is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
5. OCTO Cloud Things is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
6. If OCTO Cloud Things is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
7. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from OCTO Cloud Things shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if OCTO Cloud Things imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by OCTO Cloud Things is not permanent or temporarily impossible, dissolution can only take place after OCTO Cloud Things is in default.
3. OCTO Cloud Things has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give OCTO Cloud Things good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of OCTO Cloud Things in the fulfillment of any obligation to the customer cannot be attributed to OCTO Cloud Things in any situation independent of the will of OCTO Cloud Things, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from OCTO Cloud Things .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which OCTO Cloud Things cannot fulfill one or more obligations towards the customer, these obligations will be suspended until OCTO Cloud Things can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. OCTO Cloud Things does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. OCTO Cloud Things is entitled to amend or supplement these general terms and conditions.
2. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with OCTO Cloud Things to third parties without the prior written consent of OCTO Cloud Things.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what OCTO Cloud Things had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where OCTO Cloud Things is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Attribution
These terms and conditions were based on a document created from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).