{"id":1889,"date":"2021-07-16T07:51:12","date_gmt":"2021-07-16T07:51:12","guid":{"rendered":"https:\/\/kiyoh.allsystemsup.eu\/?page_id=1889"},"modified":"2024-09-06T15:36:00","modified_gmt":"2024-09-06T15:36:00","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/kiyoh.serverion.com\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"

Article 1 Definitions
\n<\/strong>
\nThe following definitions apply in these General Terms and Conditions:
\nAgreement<\/strong>: the agreement between the Contracting Party and Klantenvertellen on the basis of which
\nKlantenvertellen provides Services to the Contracting Party.
\nContracting Party<\/strong>: the legal entity or natural person acting in the exercise of a profession or business
\nwith whom Klantenvertellen has entered into an Agreement.
\nFault<\/strong>: the failure of the Service to satisfy the functional specifications laid down in the Agreement in
\na substantive sense.
\nGeneral Terms and Conditions<\/strong>: these terms and conditions, regardless of the form in which they are
\nmade known.
\nGDPR<\/strong>: Regulation (EU) 2016\/679, the General Data Protection Regulation.
\nGuideline: supplementary terms and conditions, which in addition to the General Terms and
\nConditions apply to a specific Service.
\nIntellectual Property Rights<\/strong>: all rights of intellectual property and related rights, such as copyright,
\ntrademark rights, design rights, trade name rights, database rights and rights to know-how.
\nPersonal Data<\/strong>: the meaning given to it in the GDPR.
\nProcessing Agreement<\/strong>: the processing agreement between DTG as the processor and the
\nContracting Party as the controller, this agreement being an integral part of these General Terms
\nand Conditions, including the definitions used therein.
\nService: all work and activities that are object of the Agreement. This includes the provision of
\nservices relating to the (online) presentation and promotion of the Contracting Party, its business, its
\nservices and\/or website and all materials and results produced accordingly that are intended for the
\nContracting Party.
\nKlantenvertellen: Klantenvertellen bv, with its registered office at Herikerbergweg 88, 1101 CM,
\nAmsterdam, The Netherlands, registered with the Chamber of Commerce under number 27198207.<\/p>\n

Article 2 General
\n<\/strong>
\n2.1 These General Terms and Conditions are applicable to all quotations and Agreements
\nconcerning the provision of Services by Klantenvertellen to the Contracting Party, irrespective
\nof whether these were made or came into being verbally, in writing, electronically or in any
\nother form. By using the Services of Klantenvertellen, these General Terms and Conditions
\nbecome applicable, and the Contracting Party explicitly declares to agree with these General
\nTerms and Conditions, including the Processing Agreement, which is an integral part of these
\nGeneral Terms and Conditions.
\n2.2 If one of the provisions of these General Terms and Conditions is null and void or is voided,
\nthe other provisions of these General Terms and Conditions will remain fully in effect.
\n2.3 Once these General Terms and Conditions have applied to a legal relationship between
\nKlantenvertellen and the Contracting Party, then the Contracting Party shall be deemed to
\nhave agreed in advance with the applicability of the General Terms and Conditions with regard
\nto Agreements concluded thereafter and yet to be concluded.
\n2.4 Deviations from the General Terms and Conditions shall only apply if these have been
\nexplicitly agreed in writing by Klantenvertellen and the Contracting Party. In the event of a
\nconflict between provisions in the various documents of the Agreement, the following order
\nshall apply: 2
\n1. the quotation\/the agreement form;
\n2. the Guidelines;
\n3. the General Terms and Conditions.
\n2.5 Klantenvertellen explicitly rejects the applicability of any general (purchasing) conditions of the
\nContracting Party.
\n2.6 Klantenvertellen is entitled to amend the General Terms and Conditions. The amendments
\nshall be announced to the Contracting Party via the Klantenvertellen website or in another way.
\nIf the Contracting Party does not accept the amendment, the Contracting Party is entitled to
\nterminate the Agreement in writing within 14 days after the announcement is made, as per the
\ndate on which the amendment enters into effect.<\/p>\n

Article 3 Creation of the Agreement <\/strong><\/p>\n

3.1 All offers and quotations from Klantenvertellen are without obligation, unless expressly
\nagreed otherwise in writing.
\n3.2 All applications from the Contracting Party are binding and cannot be retracted. The
\nAgreement shall come into effect through the acceptance by Klantenvertellen of an
\napplication from the Contracting Party or, depending on which is earlier, through the
\nexecution of the application by Klantenvertellen.
\n3.3 Klantenvertellen is entitled at all times to refuse an application (for example if she has
\nreasonable doubt about the creditworthiness of the Contracting Party), without any right for
\nthe Contracting Party to receive compensation from Klantenvertellen arising from this.
\nKlantenvertellen is not obliged to specify its reasons in this regard.<\/p>\n

Article 4 Performance of services<\/strong><\/p>\n

4.1 Klantenvertellen will do its best to promote and present the services, website and\/or business
\nof the Contracting Party in the agreed manner.
\n4.2 Klantenvertellen will endeavour to provide the Service within the agreed period and in
\naccordance with the agreed specifications. All specified periods only serve as a guideline,
\nhowever, and are therefore never final unless explicitly agreed otherwise in writing.
\n4.3 Klantenvertellen cannot guarantee that no Faults will occur. Klantenvertellen will do its
\nutmost to rectify the Faults as soon as possible in accordance with what is stipulated in the
\nAgreement.
\n4.4 Klantenvertellen is entitled to (temporarily) disable the Service (for example within the
\ncontext of maintenance) and to continuously improve and modify it in accordance with the
\ncurrent state of the art and developments in the market, without the Contracting Party being
\nentitled to any compensation or dissolution.
\n4.5 Klantenvertellen is entitled to make use of services of third parties for the execution of the
\nService.
\n4.6 If the performance of the Agreement entails extra work according to Klantenvertellen, or if
\nthe Contracting Party or any third parties hired by the Contracting Party demand or cause
\nadditional work (for example because the Contracting Party provides incomplete\/incorrect
\ninformation), then Klantenvertellen is entitled to charge the Contracting Party for all additional
\ntime and costs, and where relevant those of third parties as well.<\/p>\n

Article 5 Cooperation by the Contracting Party<\/strong><\/p>\n

5.1 The Contracting Party will, in so far as is reasonably necessary, cooperate in the
\nperformance of the Agreement. The Contracting Party will, among other things, provide all
\nnecessary data and materials for the provision of the Services in a timely fashion, in the
\nmanner announced by Klantenvertellen and in accordance with the (technical) specifications 3
\nannounced by her. Klantenvertellen is entitled to amend the requirements and (technical)
\nspecifications during the term of the Agreement. Klantenvertellen will inform the Contracting
\nParty of such an amendment via email.
\n5.2 The Contracting Party guarantees that the data and materials referred to in 5.1 are correct
\nand complete. It guarantees that the use of the aforementioned data and materials by
\nKlantenvertellen corresponds with the agreed objectives, does not infringe (intellectual
\nproperty) rights of third parties and is not otherwise unlawful or in conflict with applicable
\nlegislation in the Netherlands. The Contracting Party also guarantees that its own use of the
\nService corresponds with the Agreement, including these General Terms and Conditions,
\nand is not unlawful or in conflict with applicable legislation in the Netherlands. The
\nContracting Party will refrain from any act that could damage the reputation of
\nKlantenvertellen and its Services. The Contracting Party fully indemnifies Klantenvertellen
\nagainst any and all claims and demands for compensation from third parties in this respect,
\nand also indemnifies Klantenvertellen against any costs incurred by her in connection with
\nthese claims and demands.
\n5.3 The Contracting Party is not entitled to transfer its rights or obligations derived from the
\nAgreement to third parties or to make them available to third parties, unless Klantenvertellen
\nhas explicitly granted permission for this in writing.
\n5.4 The Contracting Party will always comply with all Guidelines related to the use of the Service
\nthat are provided by Klantenvertellen, or announced on the website of Klantenvertellen.
\n5.5 If use is made of login data within the context of the Service, then the Contracting Party must
\nuse and store these carefully. In the case of, or if there is suspicion of, misuse or theft of the
\nlogin data, the Contracting Party must immediately inform Klantenvertellen so that
\nKlantenvertellen can block access to the Service or take any other appropriate measures.
\nThe Contracting Party is liable for the use of the Service via its login data.
\n5.6 The Contracting Party shall at all times provide an active e-mail address and undertakes to
\ninform Klantenvertellen in good time and in writing in the event of any changes. If invoices
\nare not paid (in a timely manner) by the Contracting Party because of an incorrect email
\naddress or because the email containing the Klantenvertellen invoice has bounced, the
\nContracting Party shall be liable for this. If the business or invoice address and\/or telephone
\nnumber of the Contracting Party changes, the Contracting Party must notify Klantenvertellen
\nof such changes in writing as soon as possible prior to the implementation of the change.<\/p>\n

Article 6 Fees and payment <\/strong><\/p>\n

6.1 The Contracting Party owes the agreed fees for the use of the Service. All fees owed are, in
\nso far as not explicitly specified otherwise, stated in euros, excluding VAT and other levies.
\n6.2 The fees may consist of one-off amounts due, annual or otherwise periodic amounts due,
\nand amounts that are dependent on the use of the Service. Klantenvertellen is entitled to
\nrequire that (part of) the fees owed, have been paid by the Contracting Party prior to the
\nprovision of the Service.
\n6.3 Klantenvertellen is entitled to increase the fees during the term of the Agreement. This
\nincrease will be announced to the Contracting Party by email. The Contracting Party is
\nentitled to terminate the Agreement within 14 days after this announcement if and in so far
\nas (i) the increase amounts to 10% or more of the total value of the Agreement and (ii) the
\ncontent of the Agreement does not change otherwise. Termination must be in writing and
\nenters into effect on the date on which the increase takes effect. This right to termination
\ndoes not apply if the increase amounts to less than 10% in the total value of the Agreement. 4
\n6.4 Klantenvertellen is entitled to require an additional advance payment from the Contracting
\nParty at all times.
\n6.5 Payment must be made in the manner indicated by Klantenvertellen. The payment must be
\nmade prior to the delivery of the Service or in any case within 14 days after the invoice date,
\nunless another payment term has been explicitly agreed upon in writing. For the
\ndetermination of the amount of the invoice, the data derived from Klantenvertellen’s
\nadministration are leading.
\n6.6 No appeal for suspension, settlement or deduction by the Contracting Party will be permitted.
\n6.7 If the Contracting Party has not made payment within the payment-term, the Contracting
\nParty shall be in default without further notice of default being required. From the date of
\ndefault, the Contracting Party shall owe interest on the outstanding amount in the amount of
\n1% per month, unless the statutory commercial interest on a monthly basis exceeds 1%, in
\nwhich case the statutory commercial interest shall be owed until the date of payment in full.
\nWhen calculating the interest compensation, part of a month shall be counted as a full month.
\nKlantenvertellen is also entitled to (temporarily) pause the Service until Klantenvertellen has
\nreceived full payment. See also article 10.
\n6.8 From the date of default, the Contracting Party shall be liable to pay all extrajudicial and any
\njudicial costs in addition to the payment of the principal sum and the statutory interest due
\nand payable on this, expressly in addition to any costs determined by law. The sum of these
\nextrajudicial costs shall at least amount to 15% of the principal sum, with a minimum amount
\nof \u20ac 50 (fifty euros).
\n6.9 Klantenvertellen is entitled to investigate the creditworthiness of the Contracting Party. If so
\ndesired, the Contracting Party must, immediately on request of Klantenvertellen, provide
\nsufficient security for the performance of existing and future obligations to Klantenvertellen.
\nIn such a case, Klantenvertellen is entitled to only provide the Service, of part thereof, after
\nthe desired security has been obtained.
\n6.10 Klantenvertellen is entitled to settle all claims against the Contracting Party with all claims by
\nthe Contracting Party, even if a claim by Klantenvertellen and\/or the Contracting Party is not
\ndue and payable.<\/p>\n

Article 7 Intellectual Property Rights<\/strong><\/p>\n

7.1 The Intellectual Property Rights relating to the Service, and all results thereof, will remain
\nvested with Klantenvertellen or with the third party from whom Klantenvertellen has obtained
\nthe rights to make (part of) these Services available to the Contracting Party. During the
\nAgreement, Klantenvertellen will grant the Contracting Party a non-exclusive and non\u0002transferable right to make use of the Service within its business and for the agreed aim.
\n7.2 The Intellectual Property Rights to all materials that the Contracting Party makes available
\nto Klantenvertellen within the context of the Agreement shall remain vested with the
\nContracting Party or with the third party from whom the Contracting Party has obtained the
\nrights to make these materials available to Klantenvertellen. The Contracting Party grants
\nKlantenvertellen the unlimited right to make use (including but not limited to reproducing,
\namending or disclosing) of these materials within the context of the performance of the
\nAgreement.
\n7.3 The Contracting Party guarantees that the materials made available by it will not infringe
\nupon the rights of third parties and that it is entitled to make these materials available to
\nKlantenvertellen. The Contracting Party fully indemnifies Klantenvertellen against any claims
\nand demands for compensation from third parties in this respect, and also indemnifies
\nKlantenvertellen against any and all costs incurred by it in connection with these claims and 5
\ndemands.
\n7.4 The Contracting Party shall not be entitled to remove or change any indication regarding
\ncopyright, trademarks, trade names or other intellectual property rights of Klantenvertellen
\nor its licensors.
\n7.5 All usage rights granted by Klantenvertellen under the Agreement will lapse at the end of the
\nAgreement by operation of law.<\/p>\n

Article 8 Privacy and Confidentiality <\/strong><\/p>\n

8.1 In order to be able to provide the Service, Klantenvertellen processes Personal Data.
\nKlantenvertellen will ensure that the processing of the Personal Data complies with the
\nGDPR and the Privacy Statement that is published on its website (including:
\nwww.Klantenvertellen.nl).
\n8.2 Klantenvertellen and the Contracting Party undertake to ensure that the processing of
\nPersonal Data will comply with the applicable legislation concerning data protection, such as
\nthe GDPR of the European Union (EU 2016\/679).
\n8.3 Unless agreed otherwise in the applicable Guidelines, the Contracting Party will act as
\ncontroller in accordance with the GDPR and, by agreeing with these General Terms and
\nConditions, authorises Klantenvertellen to process the Personal Data on behalf of the
\nContracting Party in the role of Processor to the extent that is required for the Service. The
\nprocessing of Personal Data is agreed upon in further detail in a separate Processing
\nAgreement, which is an integral part of these General Terms and Conditions. See
\nhttps:\/\/www.Klantenvertellen.nl\/static\/verwerkersovereenkomst.
\n8.4 Insofar as Klantenvertellen is the Controller, Klantenvertellen is entitled, but not obliged, to
\npublicise general instructions (for example, in the applicable Guidelines) with respect to the
\nprocessing of Personal Data to which the Contracting Party agrees in order to obtain the
\nService.
\n8.5 In some Services, information about the use of the Services by visitors visiting the Website
\nof the Customer is collected by means of cookies and other similar techniques. The cookies
\nthat are used by Klantenvertellen and its partners to provide the Service are stated in the
\nDisclaimer & Privacy and Cookie Statement and\/or the relevant Guidelines of the Service.
\n8.6 The Contracting Party authorises Klantenvertellen to collect and process anonymous
\nstatistical information about the use of the Services for the benefit of analysis and
\ndevelopment of the Services.
\n8.7 The Parties will undertake to maintain in confidentiality regarding all data received from the
\nother party that is known or reasonably ought to be known to be of a confidential nature,
\nunless a statutory duty dictates disclosure of these data. The party receiving this confidential
\ndata will only use these data for the purpose for which it was provided.
\n8.8 The Parties will also impose the obligation specified in 8.7 on its employees and on third
\nparties engaged by them, in the context of the performance of the Agreement.<\/p>\n

Article 9 Guarantees and liability<\/strong><\/p>\n

9.1 Klantenvertellen will endeavour to provide the Service according to the agreed functional
\nspecifications, excluding any express or tacit guarantees, promises or indemnities of
\nwhatever nature, such as (but not limited to) the exclusion of guarantees regarding
\nentitlement to (property) rights, sufficient quality or suitability for a specific goal. In particular,
\nKlantenvertellen does not guarantee that:
\n– the Service will work uninterruptedly, will be free from viruses and defects and\/or Faults,
\nor that defects or Faults can be rectified (in a timely fashion); 6
\n– the Contracting Party will generate specific sales, customers or traffic with the aid of the
\nService;
\n– third parties will not use the systems required for the Service unlawfully.
\n9.2 Klantenvertellen is not liable for any damage incurred by the Contracting Party, unless this
\ndamage is caused by intent or gross negligence of Klantenvertellen, in which case
\nKlantenvertellen will be liable for direct damages only.
\n9.3 The total liability of Klantenvertellen shall never amount to more than the total of the fee to
\nbe paid by the Contracting Party for the Service in question. If there is an Agreement with a
\nterm of more than one year, then the compensation will be set at the total amount of the fees
\nfor the current year at the time that the defect occurs. The total compensation shall in no
\ncase amount to more than \u20ac 2,000 per incident. Moreover, a series of incidents will be
\nconsidered to be one incident.
\n9.4 Direct damage shall exclusively be understood to mean:
\n– the costs that the Contracting Party has had to incur in all reasonableness to repair or
\nresolve the deficiency of Klantenvertellen in such a way that the performance of
\nKlantenvertellen complies with the Agreement;
\n– reasonable costs for keeping the old system of the Contracting Party in operation for
\nlonger, less the savings;
\n– reasonable costs incurred to prevent or limit such losses, and reasonable costs incurred
\nto determine the cause and scope thereof.
\n9.5 All liability of Klantenvertellen for indirect losses, including but not limited to consequential
\nlosses, loss of profits and loss of sales, is excluded.
\n9.6 Klantenvertellen shall in no way be deemed liable for losses on the part of the Contracting
\nParty that are caused by third parties who use or do not use the Service.
\n9.7 Every right to compensation by virtue of this article lapses if a legal claim is not brought to
\nthat end by or on behalf of the Contracting Party within 6 (six) months after the time the
\ndamage occurred.<\/p>\n

Article 10 Suspension <\/strong><\/p>\n

10.1 Klantenvertellen is entitled to fully or partially suspend the performance of the Agreement if
\nthe Contracting Party fails to fulfil its obligations under the Agreement, or if Klantenvertellen
\nsuspects that the Contracting Party is acting in breach of Article 5, 7.3 or 7.4, or has grounds
\nto fear that the Contracting Party cannot fulfil its payment obligation, notwithstanding any
\nother right accruing to Klantenvertellen. During the period of suspension, the obligation to
\npay the fees will continue to exist in full.
\n10.2 As soon as the Contracting Party complies with the Agreement and\/or provides sufficient
\nsecurity for the fulfilment of its obligations, Klantenvertellen will lift the suspension.
\nKlantenvertellen is entitled to charge a reasonable fee for the lifting of the suspension.<\/p>\n

Article 11 Duration of the Agreement <\/strong><\/p>\n

11.1 Unless explicitly agreed otherwise, the Agreement will be entered into for an initial period of
\none (1) year. Upon expiry of this initial period, the Agreement shall be tacitly extended by
\nperiods of one (1) year, unless one of the Parties terminates the Agreement in writing no
\nlater than one (1) month before the end of the contract period.
\n11.2 Notwithstanding all other rights, the Parties are entitled to terminate the Agreement, in whole
\nor in part, without judicial intervention and with immediate effect, if the other party:
\n– has applied for or has been granted a moratorium;
\n– has been declared bankrupt or has filed for bankruptcy. 7
\n11.3 Notwithstanding its other rights and without being liable for compensation, Klantenvertellen
\nis entitled to terminate the Agreement or dissolve it extrajudicially with immediate effect if the
\nContracting Party:
\n– does not fulfil its obligations under Articles 5, 7.3 or 7.4;
\n– fails imputably to fulfil an obligation under the Agreement in another way and does not
\nrectify such a failure, after having been given notice of default in writing, within a
\nreasonable period.
\n11.4 Termination or dissolution of the Agreement never releases the Contracting Party from any
\npayment obligation with regard to Services already provided by Klantenvertellen. Amounts
\nthat Klantenvertellen has invoiced before the termination in connection with performance
\nalready executed or supplied within the context of the Agreement will be immediately due at
\nthe moment of termination.
\n11.5 Immediately after termination of the Agreement, the Contracting Party shall return everything
\nmade available by Klantenvertellen to the Contracting Party within the context of the
\nAgreement and the Contracting Party will immediately cease using the Service.
\n11.6 The provisions that by their nature are intended to continue also after termination of the
\nAgreement will also remain in full force after such termination.<\/p>\n

Article 12 Final provisions
\n<\/strong>
\n12.1 Klantenvertellen is entitled to transfer the rights and obligations ensuing from the Agreement
\n(in full or in part) without prior (written) consent from the Contracting Party to subsidiaries or
\ngroup companies, to a third party (for example in the case of transfer of an undertaking) or
\nto a subcontracter.
\nThe Agreement is subject to the laws of the Netherlands.
\n12.2 All disputes which may arise from the Agreement shall be resolved exclusively by the
\ncompetent court in Amsterdam.<\/p>\n

These General Terms and Conditions were filed with the Chamber of Commerce in Amsterdam on
\nMarch 16th 2020.<\/p>\n","protected":false},"excerpt":{"rendered":"

Article 1 Definitions The following definitions apply in these General Terms and Conditions: Agreement: the agreement between the Contracting Party and Klantenvertellen on the basis of which Klantenvertellen provides Services to the Contracting Party. Contracting Party: the legal entity or natural person acting in the exercise of a profession or business with whom Klantenvertellen has […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":50,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1889","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/pages\/1889","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/comments?post=1889"}],"version-history":[{"count":1,"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/pages\/1889\/revisions"}],"predecessor-version":[{"id":1892,"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/pages\/1889\/revisions\/1892"}],"wp:attachment":[{"href":"https:\/\/kiyoh.serverion.com\/en\/wp-json\/wp\/v2\/media?parent=1889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}