We, Headle B.V., offer through Software-as-a-Service (SaaS) the software Pricesearch (the Software). This means that we provide you with access to the Software developed by us via the Internet. These are the terms and conditions that apply to the use of the Software.
If you have any questions about these terms and conditions or the Software, please do not hesitate to contact us by emailing firstname.lastname@example.org or calling +31103071399 .
Our address is Rotterdam Airportplein 22, 3045 AP in Rotterdam, with KvK number: 85468819.
We have the right to change these terms and conditions. You agree that the latest version of these general conditions will always apply. Deviating agreements will only apply if they have been accepted by us in writing.
1.1. These general terms and conditions apply to every offer and agreement we make with you.
1.2. We will send these terms and conditions to you free of charge upon request. They are also
available at www.pricesearch.io.
1.3. If any part of these terms and conditions or the agreement to which they apply is void or voidable, this will not affect the validity of the rest of these terms and conditions or the agreement to which they apply. The null and void or annulled part will be replaced by a provision that follows the contents of the null and void provision as closely as possible.
2. Quotes and offers
2.1. All our offers and quotations are without obligation, unless otherwise agreed. An offer in a quotation applies only to the specific underlying order (and not to any future orders).
2.2. We may assume that the information you provide to us is accurate. We will base our quotation on this information.
3.1. The price is exclusive of any expenses, exclusive of VAT and other government levies.
3.2. We may change our prices and rates at any time. The price change will be effective 30 days after the announcement.
3.3. If you do not agree with the price change, you can terminate the agreement with us within 30 days. The agreement will then end on the date the price change takes effect.
4. Payment and collection costs
4.1. We will debit your account monthly around 1st of the month for the use of the Software by direct debit.
4.2. If you do not meet your payment obligation on time, you are automatically in default. In that case you will owe the statutory (commercial) interest on the outstanding amount. The interest on the amount due and payable will be calculated from the moment you are in default until the moment you pay the amount due in full.
4.3. If you are in default, you will also owe us all extrajudicial collection costs. For an outstanding amount up to €267 these costs will be €40. For a higher amount, the maximum collection costs are as follows:
15% over the first €2,500;
10% on the portion remaining thereafter, up to €5,000;
5% on the portion remaining thereafter, up to €10,000;
1% on the portion remaining thereafter, up to €200,000;
0.5% on the remaining part, with the total collection costs not exceeding €26,775.
5. Use of Pricesearch
5.1. If you wish to use our Software, you must register on our website.
5.2. You may then create an unlimited number of personal accounts for natural persons. You are responsible for the use of the Software by the natural persons for whom you have created a personal account.
5.3. All persons with personal accounts must keep their account information and password strictly confidential. You are liable for all actions taken after logging in with the account details and password, this also applies to all personal accounts created by you. You are not liable for these actions if you have reported to us that someone else knows the password to a personal account.
5.4. You are solely responsible for the technical operation and maintenance of your Internet connection, internal network and any other IT systems required by our system requirements for the use of the Software.
5.5. We have the right to block a personal account. We do this if we have a reasonable suspicion that one or more personal accounts are used in violation of the law or this agreement. In addition, we retain the right to attach other consequences to such use.
6. Availability and maintenance of Pricesearch
6.1. We will ensure that you can use the Software during the time we have a contract with you. We will endeavour to make the Software available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of the Software.
6.2. We can (partially) take the software out of operation for maintenance. In principle, we will carry out maintenance outside office hours (09:00 – 17:00). You will receive a notification from us three working days before the scheduled maintenance. Only in case of an emergency will we not send you a notification.
6.3. We retain the right to modify the Software and to change, remove or add certain features or functionalities of the Software.
6.4. We do not guarantee that the Software will be error-free. Please notify us immediately if the Software has a malfunction, such as an error message or failure of any functionality of the Software. You can do this by calling +31103071399 or emailing email@example.com. We will then do our best to solve the malfunction as soon as possible.
We may have work carried out (in part) by third parties if we believe this to be necessary for the proper performance of the agreement. Sections 7:404 BW (performance by specific person), 7:407 section 2 (joint and several liability) and 7:409 BW (death of specific person) are not applicable.
We are not liable if we are unable to fulfill the agreement with you due to force majeure. This also applies if you are unable to fulfill the agreement due to force majeure. If the force majeure lasts longer than 1 month, this agreement can be terminated in writing. In that case there is no right to compensation. We will send you an invoice for the (unpaid) period that you have used the Software.
7. Intellectual Property Rights
7.1. We (or our licensors or suppliers) exclusively own all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code and know-how, which rest on or arise from the Software.
7.2. You only get the right to use the Software. You cannot claim the intellectual property rights mentioned in paragraph 1. The right to use the Software is not exclusive and it is not permitted to transfer or license the right to use the Software.
We are required to keep all of your confidential information confidential. By “confidential information” we mean all information which you have indicated is confidential or which it follows from the nature of the information. In any event, the following is confidential information:
information related to research and development, trade secrets or business information;
personal data as referred to in the General Data Protection Regulation (AVG).
9.1. You indemnify us against any claims by others due to the data you have stored, collected or processed using the Software. We are not liable for the content of the data you have stored, collected or processed within the Software.
9.2. We shall not be liable for any damage caused by improper use of the Software.
9.3. We are only liable for your direct loss, which is directly and exclusively the result of a shortcoming on our part.
9.4. Our liability is always limited to a maximum of €500.00, or the amount that our insurer pays out in that case.
9.5. We undertake to ensure the careful storage of your data. We are not liable for the damage or loss of data stored with us or with third parties.
9.6. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on our part.
Applicable law Dutch law.
Competent court Court of Rotterdam.
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