General terms and conditions
General terms and conditions
Of Een Veilig Gevoel B.V, hereinafter referred to as the Service Provider;
Article 1 Service and liability
1.1 Service Provider is not liable for damage caused as a result of non or improper functioning of the Services, unless in the case of deliberate intent or gross negligence on behalf of the Service Provider.
1.2 Service Provider cannot guarantee that the services will function at all times without limitations, partly due to the necessary maintenance, the dependence of the services on its suppliers and on the internet and technologies that are in development. Service Provider aims to limit interruptions and to rectify these as soon as possible and thus keep possible hindrance at the client to a minimum.
1.3 If the Service Provider is liable as a result of a shortcoming attributable to the Service Provider, the liability will be limited to direct property damage that is in immediate connection to this shortcoming. Liability for any form of indirect or consequential damage (such as lost profit and/or income) is excluded.
1.4 Liability for damage of Service Provider as a result of the non-functioning of a telephonic alarm provision or cost registration system is excluded.
1.5 Any claims of the client for damages must be reported to the Service Provider in writing a month after the damage has occurred at the latest, under penalty of dissolution of these arrangements.
1.6 Service Provider cannot be held liable in any way for any direct or indirect damage that occurs as a result of the use or improper use of the “object” by Client and/or third parties.
1.7 Client indemnifies Service Provider against any third party liability for any reason related to or resulting from use of the “object”.
1.8 If the client not meeting his contractual and/or legal duties results in the Service Provider being held liable vis-à-vis third parties, the client hereby indemnifies the Service Provider against all consequences of this liability.
1.9 The client is liable for any direct or indirect damage the Service Provider and/or third parties suffer as a result of the shortcoming or unlawful act of the client. This damage includes, but is not limited to: (in)direct, additional, consequential damage and trading loss and costs. The client indemnifies the Service Provider against any third party liability.
Article 2. Invoicing
2.1 The service begins on the first day of the calendar month following the issue of the “object”. If the issue of the “object” takes place before the beginning of the basic service period, 1/30th of the monthly service must be paid per day for the intermediate period.
2.2 Client owes the Service Provider for the monthly service, which is invoiced per year, through advance payment.
2.3 The service has a fixed price index of 2.5% per year for the duration of the contract. This index takes place after a year has passed.
Article 3. Service Provider duties
3.1 Service Provider ensures the proper functioning upon delivery of the installation or goods.
3.2 Service Provider sees to the proper functioning of the goods during the service / maintenance period.
3.3. Client gets an account at a portal to be provided by the Service Provider and thus obtains the possibility of viewing the images.
3.4. Service Provider sees to the storage of the images.
3.5. Apart from the services mentioned in 3.1. - 3.4., the Client also obtains A) Access to the Service desk 088 – 555 4 888, B) Support by phone C) Remote support (takeover computer), D) Hardware swap & repair, E) Software repair.
3.6. The above-mentioned services are provided exclusively during office hours (8 am – 6 pm) on regular workdays (Monday - Friday), not including general public holidays. Before and after these times and during weekends and public holidays the client can leave a message via e-mail or voicemail that will be treated before 9 am the next working day.
3.7. At the client’s request, the abovementioned can be departed from. An hourly rate of €95 (excl. VAT) and call-out fee applies here.
Article 4. Force majeure
4.1 Service Provider is not liable for not carrying out its duties from the agreement or not carrying these out on time, if this is the consequence of force majeure in the broadest sense of the word.
4.2 Force majeure in this context: any circumstance independent of the Service Provider’s will in any country or anywhere in the world, because of which meeting its duties vis-à-vis the client are fully or partially prevented, or because of which, whether or not temporary, the observance of duties cannot be expected from the Service Provider in fairness due to, but not limited to, government measures, refusal, withdrawal, revocation decision or prohibition to use permits, exclusion, forced full or partial closing down of the company, frost, impending war, fire, release of hazardous substances or gasses, problems during transport, accidents, industrial unrest, lack of personnel, seizure, the (provisional) full or partial non-deliverance or untimely delivery of goods and services carried out by third parties, (including all (legal) persons who are not a part of the agreement) regardless of the reason, defects and breakdowns in/of machinery, installations and/or (embedded) software and (electronic) data processing.
4.3 If the Service Provider is prevented by force majeure to meet its duties, then the Service Provider has the right to extend the delivery period by the duration of the force majeure and/or to terminate the agreement, provided that this is not carried out yet, and demand payment of what was delivered, without the Service Provider having to pay any damages to the client.
Article 5. Termination
5.1 If the client does not meet one or more duties of this or any other agreement via-à-vis the Service Provider, or is in serious doubt whether he can meet his duties related to the agreement, the Service Provider is authorised to fully or partially immediately suspend the agreement through written notification without proof of default and/or legal intervention, and after this proof of default, if required, terminate the agreement, without prejudice to the other rights of the Service Provider, in particular the right to full damages (remaining duration of the agreement) for the concluded agreement as well as any related judicial and non-judicial costs.
5.2 The Service Provider will not be liable vis-à-vis clients and/or third parties for the consequences of suspension in accordance with the previous paragraph.
5.3 The Service Provider has the same options and rights as stated in Article 6.1 if:
Client or, if applicable, any asset of the client, requests its bankruptcy or (provisional) suspension of payment, or is under legal constraint pursuant to statutory provisions;
- Service Provider or third parties request its bankruptcy or (provisional) suspension of payment or is under legal constraint pursuant to statutory provisions;
- Client is declared bankrupt;
- Client has payment arrears of more than four monthly instalments.
- Client fully or partially dissolves, transfers, liquidates or stops (parts of) his company;
- The goods or part of the goods of the client come under restraint or precautionary seizure and this is not cancelled within 14 days;
- The client is a natural person and dies;
- Client is a natural person and requests debt repayment in the sense of the Natural Persons Rescheduling Act;
- Client is a legal person and there is a change of authority over the legal person;
- If the client spreads information that is liable to punishment for any reason or is discriminatory regarding appearance, race, religion, gender, culture, origin or can be regarded as offensive in another way;
5.4 If the signed contract is not observed by the client and/or the client has not paid the agreed deposit and the installation invoice hasn’t been paid with a reasonable period (30 days after the invoice date), the Service Provider will terminate the agreement with a right to damages of 60 monthly payments for the service with a minimum of €1,000 and the agreed one-off costs.
5.5 If an event occurs as mentioned in this article, any claims, including possible claims for payment of damage and costs, shall be immediately and fully claimable from the client by the Service Provider.
5.6 If observance by the Service Provider of one or more of its duties related to force majeure cannot be expected from him, he has the right to fully or partially terminate the agreement by registered letter, without having to pay any damages.
5.7 Client is not authorised to terminate the agreement. In cases where this waiver of right is not allowed, the client is only authorised to terminate after payment to the Service Provider of all amounts owed to the Service Provider at that time, including damages, whether or not claimable.
5.8 The agreement between the parties is automatically extended with duration of 12 months, unless the client indicates via a registered letter that he wants to terminate the agreement, at least three months before the end of the agreement. The applicable contract duration concerns the paid instalments of the period mentioned in the agreement (cover page).
5.9 Service Provider is authorised to fully or partially terminate the service if a competent authority or legislator enforces this.
5.10 The service will recommence as soon as the grounds for termination as indicated in 5.9 no longer exist.
Article 6. Consequences of termination
6.1 If the agreement is terminated as indicated under Article 6, the client undertakes to stop using the “object” immediately and in any way, on the understanding that there will be no more use in any way of the “object”.
6.2 If the agreement with the client is terminated as indicated under Article 6, the duties of the Service Provider will also end.
Article 7. Confidentiality
With regard to information that does not belong to the public, the client is obliged vis-à-vis the Service Provider for the duration of as well as after the agreement, to keep any confidential information the Service Provider has imparted to the client, regardless of whether this was imparted verbally or in writing, confidential vis-à-vis third parties at all times. The duty of confidentiality will also continue after the end of the agreement.
Article 8. Fine
In case of violating what is laid down in Articles 7 and 8, the client immediately forfeits the Service Provider an immediately claimable and non-compensatory fine of €100 for each violation respectively for each day or part of a day that the violation continues. This fine does not affect possible claims to full damages and any other rights pursuant to this agreement.
Article 9. Final article
9.1 If an authorised judge claims that a stipulation in this agreement is null and void, the other stipulations of this agreement will remain in full force. Parties will negotiate reasonably and fairly and try to reach an agreement on a feasible alternative stipulation that approaches the intent of the invalid stipulation as much as possible, in order to replace the invalid stipulation.
9.2 Applicability of the client’s general terms and conditions is hereby explicitly excluded.
9.3 Dutch law applies to this agreement. Any possible disputes as a result of this or other agreements will solely be brought before the court of Rotterdam, unless the law requires authorising another court.