Terms and Conditions for INVOICEAPP NEDERLAND BV

These Terms and Conditions are valid from January 26, 2016

The following General Terms and Conditions, which apply by InvoiceApp, apply to any agreement that occurs between you and InvoiceApp in connection with your use of InvoiceApp.

These Terms and Conditions may be amended in accordance with Article 2.5.

We ask your particular attention for the Articles 6.3, 8.4, 10 and 13, listed below, which mention circumstances that we may suspend or terminate your use of the InvoiceApp Services, and which limit our liability. Please read the Terms and Conditions carefully for using InvoiceApp and / or any InvoiceApp Service.

These terms and conditions are composed of the following articles:

1. Definitions
2. Applicability of these Terms and Conditions
3. Functionalities InvoiceApp
4. Registration, Accounts and Passwords
5. Price and payment
6. Terms of Use and Terms
7. Warranty
8. Upgrades, Updates, and Changes to InvoiceApp Services
9. Provided information and documents
10. Intellectual Property Rights
11. Our liability
12. Your liability
13. Duration and (consequences) Termination
14. Confidentiality
15. Final provisions
16. Definitions

Account: A user-created user account, which can be used by InvoiceApp and the InvoiceApp Services offered there on

Terms & Conditions: The present Terms of Use applicable to InvoiceApp Standard;

Third Applications: InvoiceApp’s third-party applications and software offered by InvoiceApp, on the use of which separate conditions may apply;

InvoiceApp: InvoiceApp Nederland B.V., Oosterklamp 24 5673 KN Nuenen;

InvoiceApp Service(s): The applications and functionalities that are part of InvoiceApp as a standard component;

InvoiceApp: An InvoiceApp remotely accessible Web site that gives you access to the standard features offered by InvoiceApp, including the InvoiceApp Services, including but not limited to InvoiceApp Services, which allow invoices and other (value) documents in different ways. Can be received, sent and archived;

Registered User: The one who has gained access to InvoiceApp through registration and may use and may use it;

Agreement: any agreement arising from (a) accepting these Terms and Conditions (b) your activation and use of InvoiceApp; (C) Creating an Account; (D) use of the InvoiceApp Services component from or offered by InvoiceApp;

Website: The website offered by the domain www.invoiceapp.nl

2. Applicability of the General Terms and Conditions

2.1. These General Terms and Conditions apply to the registration and use of InvoiceApp and to any Agreement Established between the InvoiceApp and you or the company that you represent. Before any agreement is concluded, the text of these Terms and Conditions will be made available to you.

2.2. Use of the required InvoiceApp Service is only possible after acceptance of these Terms and Conditions, which will be made available to you by electronic means. This is done so that you can easily save these Terms and Conditions to a durable data carrier. In any event, we will keep available on our Website any terms and conditions applicable to the InvoiceApp Services (including the present Terms and Conditions, which may be amended in accordance with Article 2.5), so that you can view and save it at any time.

2.3. You can only accept the Terms and Conditions by clicking the “Accord” button that appears during the InvoiceApp registration process. With the acceptance of these Terms and Conditions and / or the use of an InvoiceApp Service and upon acceptance of your registration, you will receive InvoiceApp login data that gives you access to the platform. This will establish an agreement between InvoiceApp and you or the company for whom you activate and / or use the InvoiceApp Service.

2.4. InvoiceApp is always allowed to change or supplement the Terms and Conditions without giving reasons, for example due to technical changes. This applies in any case if:
A) An InvoiceApp Service is equipped with new features that are not yet in these Terms and Conditions;
B) InvoiceApp is obliged to adapt its offered services to the law applicable to this service, especially if the current legal position changes;
C) InvoiceApp complies with a judicial verdict or administrative decision;
(D) the changes concerned are necessary to close existing safety holes;
E) The change for you is only beneficial or has no noticeable effect.

2.5. If the Terms and Conditions are not substantially changed, we will make available to you the modified version of these Terms and Conditions through the InvoiceApp Portal and / or Website. The modified version of the Terms and Conditions will come into effect immediately after placement.
We encourage you to regularly visit InvoiceApp portal and the Website to stay informed of changes made.
Prior to the entry into force of an amendment or addition of these Terms and Conditions that substantially change your rights and obligations to InvoiceApp, you will be notified of the change or addition by e-mail or through one of our online services without notice of all changed Or supplemented terms and conditions or the entire new version of the Terms and Conditions must be provided. Notification of the proposed amendment (s) or supplement (s) is sufficient. InvoiceApp will attach a link that gives access to the full new version of the Terms and Conditions.

3. Functionalities InvoiceApp

3.1. Throughout the term of the Agreement, you can use InvoiceApp and the InvoiceApp Services offered on it, send, receive, consult, incorporate and send invoices and other (value) documents, filing, checking VAT, archiving, sending a booking proposal and payments Perform.

3.2. Electronic invoices and / or documents are usually archived within InvoiceApp for 7 years from January 1, following the year of dispatch / receipt of the invoice and / or document. The invoices / documents are stored in their original format. The authenticity and integrity are ensured through the use of digital security techniques and time stamps.

3.3. In addition to accessing the InvoiceApp Services, InvoiceApp facilitates access to third-party applications and software that may be applicable to third-party separate conditions. For example, in order to make use of these Third-Party Applications, you may need to register beforehand. InvoiceApp is not responsible for the proper operation of Third Party Applications and can not be held liable for this.

3.4. When using the term “InvoiceApp”, other software applications, features and content are also referred to by InvoiceApp.

3.5. To use InvoiceApp, the Website and the InvoiceApp Services, you must have access to the Internet.

4. Registration, Accounts and passwords

4.1. InvoiceApp and the InvoiceApp Services offered thereon are available only after you have created an Account as a Registered User and your registration has been approved by InvoiceApp. You can create an Account through InvoiceApp by following the registration procedure specified therein and providing the requested information to InvoiceApp. You must correctly and truthfully complete all information requested by InvoiceApp during the registration process.

4.2. You are not allowed to choose a username that: (i) violates the rights of third parties or other users, (ii) is deliberately confusing or racist, offensive, offensive, painful, illegal or otherwise inappropriate, (iii) or Which is in violation of applicable laws and regulations.
InvoiceApp reserves the right to review this at its sole discretion and to refuse a username for any reason or to take any other action deemed appropriate by InvoiceApp.

4.3. Your registration information is for personal use only and may only be used by you as a Registered User. You undertake to keep your chosen passwords and other registration information secret, as well as all activities that occur using these passwords or your Account. You undertake to promptly notify InvoiceApp of any unauthorized use of registration data.

5. Pricing & Payment

5.1. You will not be charged for the use of InvoiceApp. As regards the processing of transactions using a particular InvoiceApp Service, a payment obligation may be required.

5.2. The transaction price of a particular InvoiceApp Service is indicated in Euro and can be met by Euro. The prices indicated are exclusive of the applicable tax and other taxes charged by the government, unless otherwise specified.

5.3. If you decide to make your payment information available to InvoiceApp via InvoiceApp:
(A) acknowledge and confirm that you have the right to make payments on behalf of your company with the specified payment account;
B) Ensure that all information provided to you by InvoiceApp in the context of your payment of the fee for use of InvoiceApp is correct and complete.
5.4 You are and will remain responsible for the prompt payment of all amounts. If and as long as you do not pay the due amounts within the agreed term, you will not receive any usage rights as defined in article 6 of the Terms and Conditions.

6. Terms of Use and Terms

6.1. InvoiceApp License – Subject to these Terms and Conditions and for payment of the fee for the use of the InvoiceApp Services, InvoiceApp grants you, during the term of the applicable Agreement, a non-exclusive, non-sublicensible, non-transferable license to use InvoiceApp for the Purposes for which it has been made available to you.

6.2. InvoiceApp Services License – Subject to these Terms and Conditions and for payment of the fee for the use of the InvoiceApp Services, InvoiceApp grants you a non-exclusive, non-sublicensible, non-transferable license during the term of the applicable Agreement to the relevant InvoiceApp Service at Use for the purposes for which it is made available to you.

6.3. The following additional, express and restrictive terms apply to the usage rights set out above, acknowledging that violation of these terms and conditions includes a serious breach of your obligations under the relevant Agreement:
A) You undertake to distribute and operate any portion of InvoiceApp, Website and / or InvoiceApp Services, including but not limited to the text files or other content contained therein, in any way through any medium, without InvoiceApp ‘ S prior permission;
B) You undertake to refrain from modifying or changing any part of InvoiceApp, the Website, and the InvoiceApp Services.
C) You will refrain from circumventing, dismantling or otherwise impairing the security features and measures contained in InvoiceApp, the Website and the InvoiceApp Services, which
(I) exclude or restrict your use of InvoiceApp, the Website and the InvoiceApp Services or to copy or (ii) impose restrictions on the use of InvoiceApp, the Website and / or the InvoiceApp Services or the content provided therein.

A) You undertake to distribute and operate any portion of InvoiceApp, Website and / or InvoiceApp Services, including but not limited to the text files or other content contained therein, in any way through any medium, without InvoiceApp ‘ S prior permission;
B) You undertake to refrain from modifying or changing any part of InvoiceApp, the Website, and the InvoiceApp Services.
C) You will refrain from circumventing, dismantling or otherwise impairing the security features and measures contained in InvoiceApp, the Website and the InvoiceApp Services, which
(I) exclude or restrict your use of InvoiceApp, the Website and the InvoiceApp Services or to copy or (ii) impose restrictions on the use of InvoiceApp, the Website and / or the InvoiceApp Services or the content provided therein.
D) You will not post and / or upload content that contains discriminatory, defamatory, offensive or otherwise provocative or unlawful subjects. You also do not undertake to post content that commits abuse or hate, infringes the privacy and personal life of natural persons, or which may otherwise be regarded as illegal.
E) Your access and / or use rights with respect to InvoiceApp and the InvoiceApp Services may be suspended until you have fully met all payment obligations under any Agreement. InvoiceApp may only be used to use the InvoiceApp Services and other content and applications in a manner for which you have obtained permission. InvoiceApp and InvoiceApp Services will only be licensed to you for those purposes and not sold.

7. Warranty

7.1. InvoiceApp guarantees that InvoiceApp and InvoiceApp Service that you use lawfully meets the minimum technical and functional qualifications specified in the offer, is of sufficient quality and can also be used for the purpose for which it has been used. From any defect in an InvoiceApp Service, InvoiceApp should be notified as soon as possible. If you fail to do so (in time), you are assumed to have approved the relevant InvoiceApp Service.

7.2. If it is established that InvoiceApp has delivered a non-compliant InvoiceApp Service, and the InvoiceApp Service failure has not occurred (i) because you have not successfully followed InvoiceApp’s instructions, (ii) is the result of your Violation of these Terms and Conditions, (iii) results from any action taken on the basis of Article 8.4 or arising from a circumstance listed in article 13.3 (insofar as such circumstance does not result from a violation of InvoiceApp of these Terms and Conditions), Then InvoiceApp will, at its option, attempt to restore the specific InvoiceApp Service or provide a suitable alternative, provided you provide all the information and assistance that InvoiceApp considers reasonably necessary.

8. Upgrades, updates and changes in InvoiceApp Diensten

8.1. InvoiceApp reserves the right to update and / or upgrade InvoiceApp and / or InvoiceApp Services from time to time. This is necessary, for example, to make technical adjustments and improvements (such as improved speed and reliability of InvoiceApp and / or InvoiceApp Services). These updates and / or upgrades will take place as much as possible outside of office hours and are automatically made available to you when you re-access InvoiceApp Services. Unless expressly stated otherwise, these Terms and Conditions apply to any new or additional features that extend your InvoiceApp version and its InvoiceApp Services.

8.2. Although we will continue to respond to InvoiceApp and the InvoiceApp Services after upgrading and / or update to the underlying Agreement, we will notify you if this is not possible. If you do not agree with the changes communicated to you in such a message, you are entitled to terminate the relevant Agreement with InvoiceApp. If you choose this, you should no longer use InvoiceApp, or the InvoiceApp Services in question. Unless otherwise specified, all updates and upgrades are provided under these Terms and Conditions.

8.3. The information published in or via InvoiceApp, the Website and the InvoiceApp Services does not necessarily reflect the opinion of InvoiceApp. InvoiceApp is free to periodically, without notice, modify, remove or revoke any information, content or activation software provided by InvoiceApp, the Website, or the InvoiceApp Services, or to impose additional restrictions, conditions or To charge fees relating to the use of InvoiceApp, the Website or the InvoiceApp Services. If these changes make significant changes to the Agreement, then InvoiceApp will contact you in advance and you will be given the opportunity to dissolve the relevant Agreement (s).

8.4. In cases where InvoiceApp seeks to make technical adjustments or improvements, for example due to amended laws or regulations or anticipating a possible security risk, your use of the InvoiceApp portal, Website and / or InvoiceApp Services Temporarily restricted, suspended or modified. You will be informed by e-mail in advance. If these changes make significant changes to an Agreement, InvoiceApp will contact you in advance and you will be given the opportunity to dissolve the Agreement.

9. Provided information and documents

9.1. By providing documents or information to InvoiceApp, you grant InvoiceApp a limited, irrevocable, worldwide, exclusive, sublicensable license to use its content for the purpose for which it has been provided to InvoiceApp, even if these Documents and information contains personal data. Personal information provided to InvoiceApp is processed in accordance with InvoiceApp’s Privacy Statement. The information provided by you is treated confidentially by InvoiceApp.

9.2. You refrain from providing documents and information that third parties may derive from (including privacy and personal rights) unless you have obtained the required use or otherwise permission to use the InvoiceApp documents and / or information for this purpose. Under the conditions set out in Article 9.1 above. InvoiceApp reserves the right (but is not required) to judge whether documents and information provided comply with the content requirements contained in these Terms and Conditions and reserves the right to refuse to provide documents or information provided without a statement of reasons or to Delete.

10. Intellectual Ownership

10.1. All on InvoiceApp, and / or the InvoiceApp Services and content contained herein or other materials, including analyzes, designs, documentation, reports, animations, test modules, video and / or photo material, as well as the materials for its preparation, and the system of Collected works that can be considered as a database, intellectual or industrial property rights, rest solely with InvoiceApp or its licensors. Except as otherwise provided in these Terms and Conditions, InvoiceApp, or the licensor, reserves all rights to the content and (underlying) software from or in InvoiceApp, the Website, or the InvoiceApp Services. You are not permitted to remove or modify any information contained in InvoiceApp or in the InvoiceApp Services of copyright, trademarks, trade names or other intellectual or industrial property rights, indications of the confidential nature of any information and the prohibition of disclosing the information. Include.

10.2. It is our policy to suspend the privileges of any Registered User who repeatedly infringes on others’ copyrights after being informed by or on behalf of the copyright holder by InvoiceApp. Without prejudice to the foregoing, if you suspect that your work has been reproduced and published in or through InvoiceApp, and / or the InvoiceApp Services, in a manner that is a copyright infringement, you are requested to provide the following information To provide to us: (i) an electronic or physical signature of the person who may act on behalf of the copyright holder; (ii) a description of the copyrighted work to which you claim to be infringed; (iii) a description of where The allegedly infringing work in the InvoiceApp, and / or the InvoiceApp Services can be found (iv) Your address, Telephone number, and Email address (v) Your written statement that you have no reason to believe that the alleged infringement Work with your permission or that of your licensees has been published (vi) your statement stating that you have supplied all of the above information correctly and truthfully And that you are the copyright holder or authorized to act in this regard for the copyright owner. Your message regarding alleged infringements can be sent to: complaints@invoiceapp.nl.

11. Our responsability

11.1. Without prejudice to the provisions of this Article 11, InvoiceApp shall in no way be held directly or indirectly liable or liable for any loss or damage suffered by you and arising out of or in connection with non-compliance By you of this article of the General Terms and Conditions. In addition, any liability of InvoiceApp for damages resulting from the disfunction of Third Application is excluded under all circumstances.

11.2. Nothing in these Terms and Conditions limits or excludes InvoiceApps liability for damage resulting from death or bodily injury and for damage caused by intentional or deliberate recklessness or for any other form of liability that can not be restricted or excluded under applicable law. .

11.3. InvoiceApp does everything possible to ensure the high quality of InvoiceApp and the available InvoiceApp Services. This is of course limited to services and circumstances that fall within the scope of InvoiceApp. InvoiceApp is not liable for system-related defects, interruptions, and / or malfunctions of technical installations if they are not within the scope of InvoiceApp and have occurred outside of InvoiceApp’s fault. In so far as legally permitted, InvoiceApp is under no obligation and under no circumstances responsible or liable (directly or indirectly) for any loss suffered by you as a consequence of, or related to your ignorance or impossibility of InvoiceApp and its available Proposed InvoiceApp Services (including but not limited to updates and / or upgrades) correctly and according to InvoiceApp ‘instructions to install and / or use.

11.4. The following limitation of liability applies to InvoiceApp’s free InvoiceApp, Free InvoiceApp Services and (other) freely available services and products. InvoiceApp is liable only in case of intentional or deliberate recklessness, in case of infringement of a contractual warranty and insofar as this results from product liability law. In the case of other defects in compliance or inaccuracies, InvoiceApp is solely liable for damage resulting from death or bodily injury. If InvoiceApp is aware of any material defects or inaccuracies regarding InvoiceApp and / or InvoiceApp Services offered to you for free, InvoiceApp will inform you of this. If InvoiceApp was aware of these material flaws or irregularities and has deliberately neglected this for you, liability is not limited.

11.5. In the case of performance for which you are obliged to pay compensation, InvoiceApp is liable for violation of an essential obligation arising from the agreement in question, in the sense that the nature of the performance may or may not be In the light of the statements made by InvoiceApp in this regard, do not possess the properties you may expect under the agreement (cardinal obligation). In such a case, the level of liability is limited to the obligation to fully perform performance and, if that is not possible, to repay the amount charged by InvoiceApp to you, including all reasonable costs incurred by you . Consequential damage is excluded under any circumstances.

11.6. For the rest, InvoiceApp is not liable. These exemptions (liability restrictions) also apply to helpers, subordinates and representatives of InvoiceApp.

12. Your liability

You are liable to InvoiceApp in respect of InvoiceApp as a result of your violation of the Agreement resulting from damage.

13. Duration and (consequences) Termination

13.1. The Agreement for the Use of InvoiceApp and the InvoiceApp Services is entered into indefinitely. Both Client and InvoiceApp are entitled to terminate the Agreement by giving notice of termination with a minimum of 30 days.

13.2. Each Party is authorized to dissolve completely or partially any agreement underlying the use of InvoiceApp and / or the InvoiceApp Services with immediate effect, without further notice and without prior judicial intervention (without prejudice to other rights and / or remedies). :

(A) the other party becomes insufficient in fulfilling its obligations arising from any agreement, unless the shortcomings, in view of its particular nature or minor significance, do not justify this dissolution with its consequences; To the extent that compliance is not permanently impossible, this power will only come to an end if compliance with the obligations is left out after a reasonable notice by a written notice.

(B) the other party requests payment of payment;

(C) the other party has been declared bankrupt;

(D) be seized on the goods supplied by or on behalf of the other party, and this seizure is not lifted within a reasonable period;

E) the other party is a legal entity and is dissolved;

F) control of whether the deciding vote in the other party is based on a third party with conflicting interests in respect of the interests of the other party.

13.3. InvoiceApp is authorized to terminate, in whole or in part, any use of the InvoiceApp and / or the InvoiceApp Services Agreement with immediate effect, without prior notice and without prior judicial intervention (without prejudice to the remaining rights and / or remedies) and / or The right to terminate and delete your account if:

A) InvoiceApp can not guarantee the continuity of InvoiceApp, and / or the InvoiceApp Services, for example, by terminating the collaboration between InvoiceApp and one of its licensors;

13.4. Upon termination of any Agreement, Parties are required to return all information, data, documents and materials made available by one Party to the other Party and / or its subcontractors pursuant to the relevant Agreement.

14. Confidentiality

14.1 Both you and InvoiceApp ensure that all of the other data received or reasonably known to be confidential are kept secret. The party receiving confidential information will only use it for the purpose for which it has been provided. Data shall in any case be regarded as confidential if they are designated by one of the parties as such.

15. Final provisions

15.1. Invalid provisions

If any of the terms of these Terms and Conditions are declared invalid, the remaining terms of the Terms and Conditions will be fully in force and InvoiceApp will, in consultation with you, make new provisions that replace the invalid provisions, taking into account the meaning and Intent of the invalid clause (s).

15.2. No legal processing

InvoiceApp’s failure to exercise and / or enforce its rights under these Terms and Conditions does not mean that InvoiceApp waives its rights in this regard.

15.3. Accept electronic communication

If you communicate through InvoiceApp, InvoiceApp Services or Email with InvoiceApp, you will contact us by electronic means. You agree to receive electronic communications from us. We will communicate with you via e-mail or by posting in InvoiceApp portal or InvoiceApp Services.

15.4. Choice of choice, forum and dispute

Only Dutch law applies to any Agreement to which these General Terms and Conditions apply. Any dispute regarding the explanation of these Terms and Conditions or any resulting commitment will only be settled by the competent court of s Hertogenbosch.

 

 

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