General Terms and Conditions
1. Definitions
General Terms and Conditions: These terms and conditions.
Contractor: Invoice Office B.V., with its registered office in Valkenburg, registered with the Chamber of Commerce under number 84362766.
Client: Any (legal) person with an agreement with the Contractor.
Service(s): The online services as agreed in the agreement between the Client and the Contractor.
2. Agreement
The agreement commences upon receipt and acceptance of the signed agreement by the Client. The effective date is the date on the agreement, or otherwise the date of acceptance. The Contractor reserves the right to amend these General Terms and Conditions at any time with or without notice. The latest version of the terms and conditions can be found at: https://www.invoiceoffice.com/terms.
3. Quotes and Offers
Deviations from these terms and conditions are only valid if agreed in writing and accepted by the Contractor.
4. Duration
The agreement runs for the agreed term.
The agreement is tacitly renewed for the agreed term.
The Processing Agreement ends with the underlying agreement.
Upon termination, the Contractor destroys all personal data.
5. Cancellation
Cancellation can be done monthly in writing with a notice period of one month.
The Client is responsible for cancelling the account themselves; cancellation can only be done in the "Security Center" section of your own environment. Any other form of cancellation will not be accepted and therefore not processed.
When you cancel your account, the account (including payment) will be terminated immediately.
All your data will be deleted 3 months after termination of your account.
You are always responsible for the legal retention obligation of your invoices, even after cancelling your account.
In the event of non-compliance with obligations, the Contractor may suspend or dissolve the agreement with the Client, and may claim compensation.
6. Prices
Payment is made monthly or annually.
Prices are in euros, excluding VAT, and apply from the start of the agreement.
Rates are indexed annually based on the Producer Price Index (PPI).
In case of non-payment, the Contractor may block the service, but the costs will continue to be incurred.
Malfunctions are resolved free of charge, unless caused by the Client.
7. Payment
Payment term is online or 14 days after the invoice date.
After the first payment, the Contractor will create an automatic collection.
In case of late payment, a reminder will follow with a new term.
After the second term, the Client is in default and collection costs (15%, minimum €40) and statutory interest will be charged.
8. Use of Services
Access to the services requires login details.
Login details are per user and may not be shared with other users.
The Client is responsible for confidentiality and misuse of login details.
Unauthorized access must be reported immediately.
Changes in data must be communicated immediately.
Complaints about the service must be reported within 5 days.
9. License
The Contractor grants access to the services for a fee.
All intellectual property rights are vested in the Contractor.
The Client only receives the usage rights that are explicitly granted.
It is prohibited to copy, modify, or remove trademarks from the software.
The Contractor is not liable for infringement of intellectual property rights by using the software in combination with other software.
10. Force Majeure
Force majeure is as defined in law and jurisprudence, including technical malfunctions beyond the control of the Contractor.
The Contractor is not liable for damage caused by force majeure, except in case of gross negligence.
11. Intellectual Property
Resale or distribution of the software is prohibited.
Violation will result in a fine of €6,000 plus €500 per day, with a maximum of €50,000.
12. Liability and Indemnity
The Contractor is not liable for damage caused by unauthorized access.
The Contractor is not liable for indirect damage, except in case of intent or gross negligence.
Liability is limited to the insurance payment, or otherwise to the invoice value.
The Contractor is not liable for consequential damage, loss of profit, business interruption, death and personal injury.
The Client indemnifies Opdrachtnemer.nl against claims from third parties.
The Contractor is not liable for damage caused by third parties or by sending confidential information.
The Client indemnifies the Contractor against any claims from third parties, including the costs of legal assistance, who suffer damage in connection with the performance of the agreement and the cause of which is attributable to parties other than1 the Contractor.
13. Fair Use Policy & Support Center
The Contractor strives to serve all its customers as well as possible and offers an unlimited number of documents, customers, products, etc. To ensure that our service continues to meet our high standards in terms of accessibility and speed, we use a Fair Use Policy. This is to prevent people from sending or entering disproportionate and excessive amounts of documents. This limit is around 40,000 documents and products. In addition, we reserve the right to refuse (too) large customers, or to look together for alternatives in which the use is licensed in a correct manner. This is done in good consultation.
Support is provided by e-mail and telephone.
No rights can be derived from information from the Support Center.
14. Transfer
Transfer of rights and obligations is only permitted with written permission, except in the case of transfer of the service to another legal entity.
15. Maintenance and Malfunctions
The Contractor may carry out maintenance at any time.
Emergency maintenance can take place without notice.
The Contractor is not liable for damage caused by maintenance or malfunctions.
The availability of hosting services is not guaranteed.
The Contractor makes every effort to resolve malfunctions quickly.
The Contractor aims for 99.9% uptime.
The Contractor maintains links with other systems.
The Contractor resolves malfunctions as quickly as possible.
16. Personal Data
Personal data will not be provided to third parties, unless required by law.
The Contractor acts as Processor within the meaning of the GDPR.
Personal data is only processed for the performance of the service.
The Contractor does not use the data for other purposes.
The Contractor acts in accordance with the GDPR.
Obligations also apply to subordinates of the Contractor.
Engaging other Processors is permitted with prior consent.
Processing is permitted within the EU.
Transfer outside the EU is prohibited.
Articles 17 to 24 constitute a Processing Agreement.
17. Responsibility
The Contractor is only responsible for processing according to the Client's instructions.
The Client guarantees that the processing is lawful.
18. Security
The Contractor takes technical and organizational security measures.
The Contractor does not guarantee that the security is always effective.
The Client is responsible for compliance with the agreed measures.
19. Reporting Obligation
The Contractor reports data leaks to the Client.
The Contractor supports the Client in fulfilling its obligations.
20. Requests from Data Subjects
The Contractor handles requests from data subjects.
Costs may be passed on to the Client.
21. Confidentiality
The Contractor treats personal data confidentially.
Confidentiality does not apply in case of permission, necessity or legal obligation.
22. Audit
The Contractor will cooperate with audits.
Costs may be passed on to the Client.
23. Liability
Liability is limited to direct damage, up to a maximum of the fee for the previous month or the amount of the insurance.
Indirect damage is excluded.
Exclusions lapse in case of intent or deliberate recklessness.
Liability arises only after written notice of default.
Claims expire after 12 months.
24. Disputes
If an article is invalid, the remaining articles remain in force.
Dutch law applies.
The District Court of Maastricht has jurisdiction.