GENERAL TERMS AND CONDITIONS (“Algemene Voorwaarden”)
MY VIVENDA iStaging B.V.
1.1 The following general terms and conditions (hereinafter referred to as “the Terms”) govern the use of all software, databases, applications, information, model contracts, explanations, training and other services, including but not limited to offers, provided by MY VIVENDA iStaging B.V.(hereinafter referred to as "MY VIVENDA") (hereinafter referred to as "Services").
2. BUSINESS TO BUSINESS
2.1 Our offers and Services are primarily aimed at entrepreneurs and companies, but the Terms are also applicable when contracting with consumers.
3. GENERAL PROVISIONS
3.1 All Services of MY VIVENDA are rendered on the basis of the Terms. MY VIVENDA expressly reserves the right to update the Terms due to changes in legislation, jurisprudence, or market changes and to adjust the Terms accordingly.
3.2 Changes to the Terms are made available to the customer on the official website of MY VIVENDA.
3.3 These Terms apply exclusively. Deviating regulations, in particular general terms and conditions of the customer, are explicitly rejected and are only valid if MY VIVENDA confirms their application in writing.
4. NON-BINDING INFORMATION, CONCLUSION OF CONTRACT
4.1 All information about the Services and prices, be it on the MY VIVENDA website, social media appearances or in any other way, are non-binding prior to conclusion of the contract in writing. A contract is only valid after explicit acceptance / confirmation in writing by MY VIVENDA.
4.2 Changes or additions to the contract must be made in writing in order to become valid between the parties.
5.1 MY VIVENDA allows the customer to use the existing Services. The scope of the contractual services results from the respective specifications of MY VIVENDA.
5.2 MY VIVENDA expressly reserves the right to change the appearance or appearance of Services, in particular changes in design, content or advertising design.
5.3 To the extent that MY VIVENDA provides Services, these can be discontinued at any time. A reduction, reimbursement or claim for damages by the customer or third parties does not result from this.
6. TERMS OF PAYMENT
6.1 The payment for the Services is specified in the contract. The performance descriptions can be found in the contract, the offer (request) or the homepage of MY VIVENDA. All MY VIVENDA compensation is in Euro, excluding VAT.
6.2 Insofar as the Service are to be repeatedly performed, invoicing shall be made monthly in advance for the following month.
6.3 Invoices are due upon receipt of invoice. An invoice shall be deemed received no later than three days after the invoice date if the customer does not prove a later date of receipt. In the event of late payment, interest of 8 percentage points above the respective base rate of the European Central Bank will be charged in the event that no other provisions have been agreed within the contract. Payment of the interest does not infringe on any rights of MY VIVENDA to claim full damages.
6.4 If the customer is negligent in paying on time, MY VIVENDA is entitled to demand the immediate payment of all outstanding amounts to the next possible termination date of the contract and to demand payment in advance for all other services. MY VIVENDA is also entitled to terminate the contract with immediate effect.
6.5 Customer objections to MY VIVENDA invoices must be reported in writing within 14 days of receipt of the invoice. Thereafter, the invoices are deemed to be accepted.
6.6 The customer can never offset claims or exercise a right of retention with regard to payment obligations towards MY VIVENDA.
6.7 If the impossibility of providing Services is neither the due to actions of the customer nor of MY VIVENDA, MY VIVENDA retains the right to compensation for the services according to the existing contractual relationship. Temporary usage restrictions do not justify nonpayment of any invoices.
7.1 Unless agreed otherwise in the contract, the relationships can be terminated with a notice period of three months to the respective end of the month.
7.2 All completed continuing obligations shall automatically be extended by the respectively contacted service period, unless termination has been declared not later than three months before the end of the term. The party giving notice of termination bears the burden of proof for the timely receipt of a termination by the other party. This period of notice and the automatic extension of the booked service period are subsidiary to the agreements set out in the service contract.
8 LIMITATION OF LIABILITY
8.1 There is only liability for intent and gross negligence on the part of MY VIVENDA.
8.2 In the event of (slight) negligence, MY VIVENDA shall only be liable for breaches of essential contractual obligations (primary duties) if MY VIVENDA has fraudulently concealed a defect or assumed a guarantee.
8.3 Insignificant breaches of duties are (within reason) for the customer. In this case, there is no claims against MY VIVENDA. An insignificant error exists in particular if it is based on the use of unsuitable hardware or software by the customer or its Internet service provider, if the error during playback does not significantly affect the contractual purpose, force majeure, computer failure due to system failure or line failure Network disruption or failure of the server used by no more than 24 hours within 30 days.
8.4 Contractual liability limit for damages caused by MY VIVENDA's breach of obligations is at most the contract value and in any event the amount the insurance of MY VIVENDA pays out due to a breach of obligations.
8.5 The limitations of liability also apply to the personal liability of employees, agents and company bodies of MY VIVENDA.
8.6 Any further liability of the provider does not exist (for example, for the cancellation policy provided by the MY VIVENDA). In particular, there is no liability of MY VIVENDA for initial defects, as well as not the requirements of 8.1 or 8.2 present.
8.7 Liability for data loss is limited to the typical recovery effort, but not more than the sum specified in 8.4, unless the requirements of 8.1 or 8.2 are met.
8.8 All claims, including claims for defects, become statute-barred within one year. Excluded is the liability for damages resulting from injury to life, limb or health as well as for other damages, which are based on a grossly negligent breach of duty. The statute of limitations is in this case according to the general provisions.
9. USE BY THIRD PARTIES
9.1 The customer is not permitted to make Services of MY VIVENDA available to third parties without prior written consent of MY VIVENDA. In particular, the customer is not permitted to sell, rent or otherwise transfer Services of MY VIVENDA to third parties without prior written consent.
9.2 If such consent is granted, the customer shall properly instruct the third party in the use of MY VIVENDA Services and indemnify MY VIVENDA fully against any and all claims of the third party.
9.3 MY VIVENDA's consent does not entitle the customer to act as a service provider in the course of business or does not in any way grant a license to the customer.
9.4 If the customer violates one or more of these provisions, a contractual penalty in the amount of the contract with MY VIVENDA shall be deemed agreed and due to MY VIVENDA.
10. PROTECTION RIGHTS
10.1 The customer warrants that it does not infringe the rights of third parties in connection with the use of the Services of MY VIVENDA. The customer is obliged to check carefully from time to time if this the case. In addition, he is required to investigate the provided or collected or uploaded materials by him on computer viruses or the like.
10.2 The sole responsibility for the content of all provided or uploaded materials lies with the customer. The customer will indemnify and safeguard MY VIVENDA on its first request from all claims of third parties based on the provision of illegal or unlawful material, in particular for violation of competition, criminal, copyright and other legal provisions, but also for violations of applicable guidelines, principles or self-ties. The indemnity also covers the necessary costs incurred by MY VIVENDA in connection with the defense of rights against the third party. The customer is fully liable for all damages and consequential damages incurred by MY VIVENDA through the upload of infected files by the customer or through a violation of the intellectual property rights of third parties.
11. RIGHT OF USE
11.1 MY VIVENDA obtains a right of use for the exploitation of the Services for the evaluation of statistics (such as the number of all discontinued properties, the number of all users, etc.) These numbers may be used anonymously by MY VIVENDA. MY VIVENDA ensures that no conclusions can be drawn on the respective customer or data record. Furthermore, the customer remains the owner of the data.
11.2 Upon conclusion of the contract MY VIVENDA receives the right to use the customer as a reference in marketing. The name, logo and product version may be mentioned or published either on the website of MY VIVENDA or other (marketing) materials.
12. DATA PROTECTION
12.1 Upon conclusion of the contract, the customer agrees to the use and collection of the data required for the performance of the contract. The customer agrees that his data may be reused after the contract has ended for product information from MY VIVENDA.
12.2 Personal data will only be used by MY VIVENDA if this is necessary for the fulfillment of the contract. The customer is entitled at any time to revoke the consent to the use of personal data informally with immediate effect.
12.3 The customer will indemnify and hold harmless MY VIVENDA with regard to any and all claims based on a breach of the European General Data Protection Regulation (GDPR) from a government authority or (other) third party.
13. FINAL PROVISIONS
13.1 Amendments and additions to the Terms, including changes to this clause, must be agreed in writing in order to be legally valid.
13.2 Should individual provisions of the Terms prove to be ineffective or lose their effectiveness as a result of a subsequent event, the validity of the Terms remains otherwise unaffected. The ineffective provision shall be replaced by the effective provision whose effects come closest to the objective, considering the interests of both parties.
13.3 All contracts concluded with MY VIVENDA are subject to Dutch law, to the exclusion of any other law system (based on private international law). This also applies if the customer uses the services from a country other than the Netherlands.
13.4 All disputes arising from a contract with MY VIVENDA or in connection with an underlying contract with MY VIVENDA or the Terms will be adjudicated by the appropriate (civil) court having jurisdiction in which the registered offices of MY VIVENDA are located.