The "Visibox" and "Cloud Plan" service is offered to you via the Internet as a Software-as-a-Service by the company T.S.D. The Software Desk B.V. (hereinafter: Planning.nl). The following conditions are attached to the use of Visibox and Cloudplan. By using Visibox or Cloudplan, the user agrees to this.
Deviations from these terms and conditions are only binding if they have been accepted in writing by Planning.nl.
1. Use of the service
1.1. Visibox and Cloudplan are offered to the user for automation purposes within the company concerned by means of the tools offered via Visibox and Cloudplan. The user himself determines how the tools are used and for what specific purposes.
1.2. In order to use Visibox or Cloudplan, the user must sign the quotation and return it digitally or on paper to Planning.nl.
1.3. The user must protect access to the account from unauthorized persons by means of the username and password. In particular, the user must keep the password strictly confidential. Planning.nl may assume that everything that happens from the user's account after logging in with the username and password, is done under the direction and supervision of that user. The user associated with the account is therefore liable for all these actions, unless this user has notified Planning.nl that someone else knows the password.
1.4. With Visibox or Cloudplan you process personal data. Planning.nl hereby acts as a processor within the meaning of the Personal Data Protection Act; you are responsible. You indemnify Planning.nl against all claims of data subjects under this law.
2. Free Trial
2.1. After registering via the website or by telephone, the user can try the Visibox or Cloudplan service free of charge for 30 days.
2.2. Planning.nl reserves the right to terminate the agreement with the user during the free trial period at any time with immediate effect.
2.3. The user has the right to terminate the agreement during the free trial period. The cancellation is made by e-mail to email@example.com.
3. Rules of Use
3.1. It is prohibited to use Visibox or Cloudplan for actions that are contrary to Dutch or other applicable laws and regulations. This includes storing or distributing through the Service information that is libelous, defamatory or racist.
3.2. In particular, it is prohibited to use Visibox or Cloudplan in such a way as to cause nuisance or hindrance to other users. This includes using your own scripts or programs for uploading or downloading large amounts of data, or making calls to the service excessively often.
3.3. If Planning.nl finds that the user violates the above conditions, or receives a complaint about this, Planning.nl will warn this user. If this does not lead to an acceptable solution, Planning.nl may intervene itself to end the violation. In urgent or serious cases, Planning.nl can intervene without warning.
3.4. If, in the opinion of Planning.nl, hindrance, damage or another danger arises to the functioning of the computer systems or the network of Planning.nl or third parties and/or the services provided via the internet, in particular due to excessive sending of e-mails. or other data, leakage of personal data or activities of viruses, Trojans and similar software, Planning.nl is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.
3.5. Planning.nl is at all times entitled to report criminal offenses that have been established.
3.6. Planning.nl can recover the damage as a result of violations of these rules of conduct from the user. The user indemnifies Planning.nl against all third-party claims relating to damage as a result of a violation of these user rules.
4. Availability and Maintenance
4.1. Planning.nl guarantees that the service is available 98% of the time during office hours (Monday to Friday between 9:00 and 17:00). Planning.nl guarantees 95% availability outside office hours.
4.2. The obligation from article 4.1. does not apply in the event of force majeure. Force majeure includes failures or failures of the internet, the telecommunications infrastructure, power failures, internal disturbances, mobilization, war, transport disruption, strike, lockout, business disruption, stagnation in supply, fire and flooding. In the event of force majeure, Planning.nl will make every effort to keep the downtime as limited as possible.
4.3. Planning.nl actively maintains Visibox and Cloudplan. If maintenance is expected to lead to a limitation of availability, Planning.nl will arrange this outside office hours (between 5:00 PM and 7:00 AM local time). Maintenance will be announced in advance if possible. Maintenance in connection with calamities can take place at any time and is not announced in advance.
4.4. Planning.nl may change the functionality of Visibox and Cloudplan from time to time. Feedback and suggestions from the user are welcome, but in the end Planning.nl decides for itself which adjustments it will or will not make. Planning.nl will announce at least one day in advance which changes it intends to make.
5. Intellectual Property
5.1. The Visibox or Cloudplan service, the associated software as well as all information and images on the website are the intellectual property of Planning.nl. These may not be copied or used in any way without separate written permission from Planning.nl, except in cases where this is permitted by law.
5.2. Information that the user stores or processes through the service is and remains the property of the user (or that of the suppliers of the information). Planning.nl has a limited right of use to use this information for the service, including for future aspects thereof. The user can revoke this right of use by removing the relevant information and/or terminating the agreement.
5.3. If the user sends information to Planning.nl, for example feedback about an error or a suggestion for improvement, you grant her an unlimited and perpetual right to use this information for the service. This does not apply to information that you expressly mark as confidential.
5.4. Planning.nl will not take cognizance of data that is stored and/or distributed via Visibox or Cloudplan, unless this is necessary for a good service or Planning.nl is obliged to do so by virtue of a legal provision or court order. In that case, Planning.nl will make every effort to limit its knowledge of the data as much as possible, insofar as this is within its power.
6. Service Fee
6.1. The use of Visibox or Cloudplan is subject to a fee based on a subscription. The amount of the compensation and the payment conditions are recorded in the quotation/order confirmation.
6.2. Payment can be made by transferring the amount yourself to the bank account of Planning.nl, or according to the payment instructions on the invoice.
6.3. Because the service is provided immediately, and at your express request, it is not possible to cancel a payment by invoking the Distance Selling Act.
7.1. Except in the case of intent or gross negligence, the liability of Planning.nl is limited to the amount that the user has paid in the three months prior to the time of the damage-causing event.
7.2. Planning.nl is expressly not liable for indirect damage, consequential damage, lost profit, lost savings and damage due to business interruption.
7.3. A condition for the existence of any right to compensation is that the user reports the damage in writing to Planning.nl no later than two months after discovery.
7.4. In the event of force majeure, Planning.nl is never obliged to pay compensation for the damage caused to the user. Force majeure includes failures or failures of the internet, the telecommunications infrastructure, power failures, internal disturbances, mobilization, war, transport disruption, strike, lockout, business disruption, stagnation in supply, fire and flooding.
8. Duration and cancellation
8.1. The agreement between the user and Planning.nl takes effect as soon as the user has signed the quotation and then runs for the duration specified in the quotation.
8.2. If a continuing performance agreement has been entered into with the customer, the term of the agreement is stated in the order confirmation.
8.3. After the expiry of the term, the agreement is tacitly automatically extended for the period for which the agreement was entered into, unless the agreement is terminated in accordance with Article 8.4.
8.4. Parties can terminate the agreement for a definite period towards the end of the term. Termination must be made in writing or by e-mail and with due observance of the notice period stated in the quotation/order confirmation.
8.5. An agreement for a definite period cannot be terminated prematurely, unless the parties have expressly agreed otherwise.
8.6. Planning.nl can terminate the agreement if the user is more than six months behind with his or her payments. In that case, she will first send a reminder email to the email address associated with the account in question.
9. Change of conditions
9.1. Planning.nl may change these terms and conditions as well as the prices at any time, unless otherwise agreed.
9.2. Planning.nl will make the changes or additions at least thirty days before they come into effect via the service so that you can take note of them.
9.3. If you do not wish to accept a change or addition, you can cancel the agreement up to the effective date. Use of the service after the effective date constitutes acceptance of the amended or supplemented terms and conditions.
10. Other provisions
10.1. Dutch law applies to this agreement.
10.2. Insofar as not dictated otherwise by mandatory law, all disputes in connection with Visibox and Cloudplan will be submitted to the competent Dutch court in the district in which Planning.nl is located.
10.4. The version of communication or information as stored by Planning.nl is deemed to be correct, unless you provide proof to the contrary.
10.6. Planning.nl is entitled to transfer its rights and obligations under the agreement to a third party who takes over Visibox with Cloudplan or the relevant business activity.