General terms and conditions Appnetics
The Plan App, proudly made by Appnetics
Article 1 – Definitions
1.1. In these general terms and conditions, Appnetics V.O.F., established in Wehl and registered under Chamber of Commerce number 85739391, is referred to as ‘provider’.
1.2. When the general terms and conditions refer to ‘customer’, the counterparty is meant.
1.3. In these general terms and conditions, ‘app’ means ‘The Plan App’.
1.4. The natural person who uses the app of provider through the event organised by customer is referred to as ‘end user’.
1.5. ‘Agreement’ refers to the contract for services on the basis of which provider makes the use of its app with an account and dashboard available to customer against payment.
Article 2 – Applicability of general terms and conditions
2.1. These general terms and conditions apply to the use of the app by customer, all created accounts, invoices, agreements and the resulting activities of provider.
2.2. Customer must make its own arrangements with the end user(s) who use the app of provider through an event organised by it.
2.3. These general terms and conditions also apply to third parties engaged by provider to implement the agreement.
2.4. Provider reserves the right to change the general terms and conditions. In this case, provider will send the new general terms and conditions to customer, whereby the version last sent shall always apply. If the new version contains substantial changes, with adverse consequences for customer, customer has the right to dissolve the agreement.
2.5. Any general (purchase) conditions of customer are expressly rejected.
2.6. In the event that one or more of these provisions are (partially) void or annulled, the remaining provisions shall remain fully applicable.
Article 3 – Offer
3.1. Prices for creating an account, event or the amount of indicated end users are without obligation, unless agreed otherwise.
3.2. If customer creates an event or wishes to add additional end users, he agrees to these terms and conditions. Before creating the event or adding end users, customer must check that he has taken note of the general terms and conditions.
3.3. Provider cannot be bound by (a specific part of) an offer if customer could reasonably understand that it contains an obvious mistake or error.
3.4. An offer made does not apply to any subsequent orders.
3.5. The agreement is concluded electronically. Provider, therefore, takes appropriate security measures for electronic payment and also ensures a secure website and electronic data transfer.
3.6. An offer only facilitates the services and products of customer. Customer is responsible for determining its offer for end users.
Article 4 – Rates and payments
4.1. An agreement is entered into for a definite period, unless agreed otherwise.
4.2 Prices stated in the agreement are stated including and excluding VAT.
4.3. Customer must create an account before he can organise an event. When creating an event, the price for creating an event with the corresponding number of end users must be paid immediately, the event will then remain available for 60 calendar days. This also applies if customer wishes to increase the number of end users or wants to extend the event by 60 calendar days. Only after payment has been made will the event and/or the additional participant authorisations ordered be made available.
4.4. A (potential) customer has the non-binding option of creating a test event. There are no costs attached to this. Customer must create an account to organise a test event. If customer increases the number of end users at the test event or wishes to create another event, he must pay immediately as described in the previous paragraph.
4.5. The prices that provider communicates when entering into the agreement are based on the price level applicable at that time. If circumstances give cause to do so, provider has the right to change the prices. If the prices are increased within three months and customer is a private individual, customer has the right to dissolve the agreement.
4.6. After fulfilment of the payment obligation, provider shall send a payment confirmation with the corresponding invoice to customer by e-mail.
4.7. If customer wishes to extend the duration of an event with an additional term of 60 calendar days and the payment fails, the event will not be extended. Customer will be given another opportunity to fulfil the payment, the extension will then be implemented. Extensions can be purchased at any time.
4.8. Customer is in default by operation of law if customer does not fulfil its payment obligations within the set payment term. From the moment that customer is in default until the moment that the invoice has been paid in full, customer owes statutory interest.
4.9. If customer is in default, all reasonable costs that provider must incur to collect the claim will be borne by customer.
4.10. If customer is in a state of liquidation, bankruptcy or suspension of payments, all claims that provider has against customer are immediately due and payable.
Article 5 – Provision of information
5.1. Customer must make all necessary information for the performance of the agreement available to provider in time.
5.2. Customer guarantees the correctness, completeness and reliability of the information provided. This also applies to the information provided by third parties.
5.3. Provider will treat customer’s data confidentially.
5.4. If customer provides incorrect information or does not provide information in a timely manner, as a result of which the agreement cannot be implemented or not fully implemented or a delay arises as a result, any additional costs arising from this will be borne by customer.
5.5. Customer indemnifies provider against all damage resulting from failure to comply with the obligations under this article.
Article 6 – Performance of the agreement
6.1. Provider shall execute the order to the best of its knowledge and ability. It is not liable for failure to achieve the result intended by customer.
6.2. Provider reserves the right to engage third parties to carry out the agreed work.
6.3. Provider does not carry out any order that is contrary to the law or inconsistent with its professionalism.
Article 7 – Modification and cancellation
7.1. In exception to the statutory right of withdrawal, a private customer is not entitled to terminate the agreement free of charge within 14 calendar days, as the app with associated users and dashboard are immediately made available online to customer. It is also not possible to (retroactively) reduce the number of users purchased. Business customers are also not entitled to cancel the agreement free of charge.
7.2. If during the performance of the agreement it appears that it is necessary to change or supplement the work to be performed, customer has the option of extending an event by 60 calendar days or adding additional end users to the event. See also Article 4.3 for the manner in which this addition or amendment is made. It is not possible to reduce the number of end users.
7.3. If new facts or circumstances arise that entail a disruption of the relationship of trust, provider is authorised to terminate the agreement with customer. In this case, provider does not owe any compensation to customer.
7.4. Provider is entitled to adjust, expand, delete or change functionalities of the app. This may mean that certain functionalities are no longer available at a certain time, or that the app no longer works on certain operating systems or (mobile) devices. This does not entitle customer to a refund of the amount already paid, unless this fundamentally changes the performance of the agreement or changes the scope of the agreement.
7.5. The minimum duration for posting an event is 60 calendar days. If customer wishes to cancel the agreement during this original period, there will be no right to a refund of (part of) the agreed amount. This also applies to any new 60-day extension and (additional) end-user user rights purchased by customer.
Article 8 – Force majeure
8.1. Force majeure is, beyond what is stipulated in the law, understood to mean: the prevention of the performance of the agreement due to circumstances that provider and customer cannot reasonably influence. Examples of force majeure are illness, accidents, fire, a pandemic, epidemic or government measures. The foregoing list is not exhaustive.
8.2. If customer is a private individual and there is force majeure or other circumstances as a result of which the performance of the agreement cannot take place, the obligations will be suspended as long as provider and customer cannot meet these obligations. In this case, provider and customer shall seek a suitable solution. Both parties have the right to dissolve, without obligation to undo, if a suitable solution is not forthcoming. Costs incurred up to that point and hours worked become immediately due and payable.
8.3. If customer is an entrepreneur and there is force majeure or other circumstances as a result of which the performance of the agreement cannot be (further) completed, the performance of the agreement will be rescheduled. The payment obligation will then continue to exist, unless agreed otherwise.
8.4. If customer wishes to reschedule the work because of a pandemic or epidemic, despite government measures not preventing the continuation (whether or not in modified form), provider has the right to pass on the associated costs.
Article 9 – Liability
9.1. Provider is not liable for damage that has arisen from the agreement, unless this damage is caused by intent or gross negligence.
9.2. Provider is not responsible for damage resulting from work performed on the basis of incorrect or incomplete data provided by customer or on behalf of customer.
9.3. Provider is not liable for acts and actions of third parties and suppliers.
9.4. Provider is not liable for any consequences of electronic communication, including but not limited to manipulation, interception by third parties or transmission of viruses. Provider is also not liable for other situations that are beyond its control, including hacks.
9.5. Customer is responsible for the customer relationship with the end user. Customer indemnifies provider against all third-party claims related to the services and products it provides.
9.6. In the event of downtime and thus unavailability of the app, provider is only obliged to compensate for damage if this downtime lasts more than 12 consecutive hours. The amount of the compensation is at least 1/60 of the agreed price for an event, and is never less than €1. From more than 12 consecutive hours of downtime, customer is entitled to €1. For each subsequent day that the downtime continues, customer is entitled to €0.50 per day, unless agreed otherwise.
9.7. If downtime occurs, as discussed in the previous paragraph, provider does not owe any compensation to customer for lost income or claims from end users.
9.8. If provider or the hosting service contracted by provider moves its data centre or colocation, resulting in an interruption of provider’s services, this shall not be assessed as downtime. In the event of such a relocation, provider will inform customer in writing at least 30 calendar days in advance. Provider is not liable for lost income or costs incurred by customer as a result of a relocation.
9.9. Customer is responsible for updating the app. Provider is not liable for defects or damage resulting from defects in an old version of the app.
9.10. If provider owes compensation for direct damage, the compensation will not exceed the possible amount paid out by a liability insurance policy taken out by provider. If the insurer does not pay out, the compensation is limited to twice the price agreed in the agreement, unless reasonableness and fairness require otherwise.
9.11. Customer indemnifies provider against any claim from third parties arising from the work performed or to be performed by provider.
Article 10 – Intellectual property
10.1. All (software) parts of the app made by provider are subject to intellectual property rights, which remain with provider. Customer is not permitted to reproduce, publish, sell, disclose or deliver designs, app components or other features of the app to third parties outside of the licence granted, unless otherwise agreed.
10.2. If customer acts contrary to the provisions of this article, this is regarded as a breach of the intellectual property rights of provider. A breach results in an immediately payable compensation. This is three times the usual licence fee, without provider losing any right to compensation for other damage suffered. The compensation will be made known to customer by means of a demand letter.
Article 11 – Special provisions
11.1. Both parties are obliged to maintain the confidentiality of all confidential information they have obtained in the context of the agreement. Information is confidential if this has been communicated or is apparent from the nature of the information provided.
Article 12 – Complaints
12.1. If customer has a complaint, he must make this known in writing and with motivation within 10 calendar days after the complaint arose. Provider will respond in writing within 10 calendar days of receiving the complaint.
12.2. If a complaint is made known outside the period of 10 calendar days, provider is not obliged to handle the complaint or is entitled to charge extra costs for handling the complaint.
12.3. Provider must be given the opportunity to remedy the defect to which the complaint applies.
12.4. The submission of a complaint shall not suspend the payment obligation.
Article 13 – Settlement of disputes
13.1. These general terms and conditions are governed by Dutch law.
13.2. If a dispute arises between customer and provider, parties will first try to settle this dispute in consultation. Parties will only appeal to the courts if this fails.
13.3. Disputes between customer and provider will be submitted to the competent court in the district in which provider is established, unless the law requires otherwise.
13.4. Contrary to the statutory limitation periods, the limitation period for all claims and defences against provider and third parties involved is 12 months.