These are the general terms and conditions of SP Platform BV (Chamber of Commerce number 86013394), trading under the name Service Points.
Version: December 2023
In these General Terms and Conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
1. These terms and conditions apply to every offer and agreement between Service Points on the one hand and a Client and/or Users of the App on the other, insofar as the parties have not expressly and in writing deviated from these General Terms and Conditions. Concluding an agreement with Service Points and/or using the App implies that the Client and/or the User of the App unconditionally accepts the applicability of the conditions.
2. If an agreement is concluded between Service Points on the one hand and the Client and/or User of the App on the other, these General Terms and Conditions apply. These General Terms and Conditions can be found on the website and via the following link: https://www.servicepoints.nl/legal/algemene-voorwaarden
3. These General Terms and Conditions can be sent free of charge at the request of the Client and/or Users of the App. The latest version of these General Terms and Conditions have been made available via the website: https://www.servicepoints.nl/legal/algemene-voorwaarden
4. Service Points has the right to change these General Terms and Conditions. The Client and/or User agrees that the latest version of the General Terms and Conditions will always apply.
5. Service Points are authorized to change these General Terms and Conditions without written permission from the parties (the Client and/or the User of the App).
6. These General Terms and Conditions also apply to agreements with Service Points, for the implementation of which Service Points must involve third parties.
7. If one or more provisions in these General Terms and Conditions are wholly or partially null and void or are annulled at any time, the remainder of these General Terms and Conditions will remain fully applicable. Service Points on the one hand and the Client and/or the User of the App on the other hand will then enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provisions are retained as much as possible. is taken into account.
8. If Service Points does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Service Points would in any way lose the right to demand strict compliance with the provisions of these conditions in other cases. to desire.
9. Any deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing and only apply with regard to the specific agreement to which the deviations relate.
10. The applicability of any purchasing or other (general) terms and conditions of the Client and/or User of the App is expressly rejected.
11. If there is uncertainty about the interpretation of one or more provisions of these General Terms and Conditions, the interpretation must be made 'in the spirit' of these provisions.
12. If a situation arises between the parties that is not regulated in these General Terms and Conditions, this situation must be assessed in accordance with the spirit of these General Terms and Conditions.
13. In the event that these General Terms and Conditions and the agreement contain conflicting provisions, the provisions included in the agreement shall prevail over the provisions included in the General Terms and Conditions.
1. Only a Collaboration Agreement can be entered into with Service Points, unless explicitly deviating agreements have been made between the Client and Service Points. Service Points enable the Client and the supplier(s) to contact each other and contract directly with each other. To this end, Service Points has created a platform that allows Clients and suppliers to communicate with each other through, among other things, chat functions.
2. Service Points will at some point be obliged to fulfill the obligations that Clients and suppliers have towards each other. Service Points only acts as an intermediary and can never be held liable for damage resulting from the agreement to be concluded or established between the Client and the supplier.
3. Disputes arising between the Client and the supplier must be settled mutually. This dispute resolution takes place outside Service Points. Service Points is never liable for damage and/or costs suffered by parties as a result of agreements made or concluded directly between those parties.
4. These General Terms and Conditions form an integral part of the Collaboration Agreement and/or User Agreement and/or any other agreements to be concluded between the parties.
5. Parties can communicate with each other via electronic means. Such communication is equated with written communication. An identification code in an electronic document is sufficient to establish the identity of the sender and the authenticity of the document. Service Points can always impose (further) requirements on communication between parties or the performance of legal acts by e-mail. This also includes placing a signature on the assignment agreement through, for example, Adobe.
6. In addition to what is stated in the other paragraphs of Article 3 of these General Terms and Conditions, a Collaboration Agreement is concluded by offer and acceptance, in accordance with the provisions of Article 6:217 of the Dutch Civil Code. Only after the order has been accepted by Service Points and the Collaboration Agreement has been signed by the Client, will it be binding for Service Points.
A User Agreement is concluded because the User uses the App.
7. After the conclusion of an agreement to which these General Terms and Conditions apply, a photocopy, fax or reproduction of an electronically stored copy thereof (including attachments, correspondence between the Client and/or User on the one hand and Service Points on the other, and other documents) applies. as original, unless otherwise agreed. The electronic files of Service Points serve as presumption of evidence, to the extent permitted by law.
8. An offer made by Service Points is revocable, unless a term for acceptance is stated in the offer.
9. The offer to enter into a Collaboration Agreement can be made by Service Points both orally and in writing. Only after the order has been accepted by Service Points and the Collaboration Agreement has been signed by the Client, will it be binding for Service Points.
10. Furthermore, all offers are based on the information provided by the Client and/or User of the App. In the event of proven inaccuracy or incompleteness, the Client and/or User of the App cannot derive any rights from an (accepted) offer vis-à-vis Service Points.
11. Service Points cannot be held to its offers if the Client can reasonably understand that the offers, or part thereof, contain an obvious mistake or typo.
12. Without prejudice to the fact that the parties have stated in the cooperation agreement that they assume the commission agent fiction described there, the prices stated in an offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise stated. If the commission agent fiction applies while the delivery takes place outside the EU, Service Points will not charge VAT to the Client. Deviating (price) agreements in this regard only apply if the parties have agreed this in writing.
13. If the acceptance, whether or not on minor points, deviates from the offer included in the offer, Service Points is not bound by this. The agreement will then not be concluded, contrary to what is stated in Article 6:225 paragraph 2 of the Dutch Civil Code. The agreement is only concluded if Service Points unambiguously states in writing or by e-mail that it agrees with the deviating acceptance.
14. A composite quotation does not oblige Service Points to carry out part of the assignment for a corresponding part of the stated price. Offers do not automatically apply to future orders.
1. Service Points is only liable for damage resulting from intent or gross negligence on the part of Service Points. Service Points is not liable for non-arrival of shipments, certain defects in the shipments or any other defect or damage resulting from Service Points' service. Regardless of the existence of a written agreement, Service Points is only an intermediary or provider of the App; the damage can only be recovered from the supplier of the products and/or other Users of the App.
2. Service Points will perform its work to the best of its ability and observe the care that may be expected of Service Points. If an error is made because the Client and/or User of the App, Service, has provided incorrect or incomplete information, Service Points is not liable for any damage caused as a result.
3. Service Points is not liable for damage resulting from shortcomings and/or errors of third parties and hereby assumes and, if necessary, stipulates that every assignment to Service Points entails the authority to impose any limitations of liability of third parties on behalf of the Client. to accept.
4. Service Points is never liable for direct or indirect damage or costs resulting from the use of the App (regardless of whether the claim for damages is based on a warranty scheme, agreements or any other legal principle, (wrong) information on the App, regardless of whether it information originates from Service Points, due to transmission errors, disruptions or unavailability of these facilities, including the App), unless the Client proves that this damage or costs are the result of intent or gross negligence on the part of Service Points. If telecommunications facilities are used in the performance of the agreement, Service Points is entitled to assign access or identification codes to the Client.
5. The results of the application and use of the studies carried out and advice provided by Service Points depend on many factors that are beyond the influence of Service Points. Although the assignment is carried out by Service Points to the best of its knowledge and ability and in accordance with the requirements of good workmanship, Service Points cannot give any guarantees with regard to the results of the studies carried out and advice provided by it.
6. In other cases, Service Points' liability is limited to twice the fee that Service Points has received for its work in the context of the execution of the agreement and/or Service. For assignments that have a lead time longer than six months, liability is further limited to a maximum of twice the invoice amount over the last six months. In addition, the liability of Service Points in totality is always limited to a maximum of € 5,000, should Service Points be liable for one reason or another. Service Points may offset the obligation to compensate the damage against the unpaid invoices and the resulting interest and costs. Service Points is not liable for persons whom Service Points has engaged on the instructions of the Client.
7. If there is any liability, Service Points is only liable for direct damage. For other direct, indirect and/or consequential damage (including but not limited to lost profit, business stagnation costs, loss of relationships, including resulting from any delay, loss of data, goodwill, exceeding a delivery period and/or identified defects) than suffered by the Client Service Points is not liable for direct financial damage.
8. To the extent that the Client and/or User of the App on the one hand and Service Points on the other hand have agreed on terms in the agreement or during the performance of the agreement or Service respectively, within which the work or Service must be carried out, these terms are: unless expressly agreed otherwise in writing, indicative. Exceeding this will never constitute a failure to fulfill Service Points' obligations. The Client and/or User of the App therefore does not have the right to claim damages and/or dissolution of the agreement in that situation.
9. The Client and/or User of the App is/are obliged to report or reasonably could have identified an inaccuracy in the performance of the agreement or Service and the risk of damage arising therefrom within 2 months after the Client and/or User of the App has to report this in writing to Service Points.
10. If the notification referred to in the previous paragraph is not made or is made too late, Service Points is/are in no way obliged to compensate the Client and/or User of the App for any damage suffered.
11. The Client and/or User of the App indemnifies Service Points against all claims that third parties assert and exercise against Service Points for compensation for damage suffered, costs incurred, lost profits and other expenses that are in any way related to and/or arise from the execution of the agreement by Service Points.
12. Service Points are never liable for damage resulting from work assigned by the Client and/or User of the App that conflicts with the usual standard guidelines.
13. After 24 months from the day the advice was provided, any right of the Client and/or User of the App against Service Points with regard to damage caused by any shortcomings and/or errors of Service Points in the performance of the agreement or Service respectively.
14. Service Points is in no way liable for the products delivered by the supplier. The supplier is liable for this.
15. Service Points is in no way responsible and/or liable for errors made by the supplier, except if and insofar as this error is the result of an attributable shortcoming on the part of Service Points.
1. Service Points is not obliged to fulfill any obligation towards the Client and/or User of the App, if it is/are prevented from doing so as a result of a circumstance that is not attributable to fault, neither by law nor is not for her/their account on the basis of a legal act or generally accepted views.
2. Force majeure in these General Terms and Conditions means, in addition to what is understood in that area in law and case law, all external causes, foreseeable or unforeseeable, over which Service Points cannot exert any influence, but as a result of which Service Points is unable to fulfill its obligations. This includes strikes in the company of Service Points and illness of the person designated by the execution of the agreement or Service. Service Points also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after Service Points should have fulfilled its obligation.
3. Service Points may suspend the obligations under the agreement or Service during the period that the force majeure continues. If this period lasts longer than two months, each party is entitled to terminate the agreement or Service, without obligation to compensate the other party for damages.
4. Insofar as Service Points has partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, Service Points is entitled to part to be fulfilled must be invoiced separately. The Client and/or User of the App is obliged to pay this invoice as if it were a separate agreement.
1. The Client and/or User of the App is/are obliged to report an inaccuracy in the performance of the agreement or Service and the resulting damage risk within two (in words: 2) months after the Client and/or User of the App has identified or could reasonably have identified, to notify Service Points thereof in writing. The written complaint report must contain as detailed a description of the complaints as possible, so that Service Points is able to respond adequately.
2. If a complaint is justified, Service Points will still perform the work or Service as agreed, unless this has become demonstrably pointless by the Client and/or User of the App. The latter must be made known in writing by the Client and/or User of the App.
3. If the performance of the agreed work or Service is no longer possible or useful, Service Points will only be liable within the limits of Article 4.
Article 7 - Applicable law
1. The agreement or Service between the Client and/or User of the App on the one hand and Service Points on the other is exclusively governed by Dutch law.
2. The possible applicability of the Vienna Sales Convention is expressly excluded.
3. All disputes relating to or arising from the interpretation and/or performance of the agreement or Service, with the exception of disputes that fall under the exclusive jurisdiction of the subdistrict court, will be settled by the Limburg District Court.
Special provisions Service Points
Article 8 - Execution by Service Points of the Collaboration Agreement
1. Service Points executes the agreement as described in the agreement, if any, and in any case as these General Terms and Conditions have been declared applicable. In this context, Service Points can provide instructions/regulations regarding the practical implementation, including with regard to order processing/processing of orders. The Client is obliged to follow these instructions.
2. Service Points is obliged to carry out the work assigned to it under the agreement as a good and careful contractor. In that context, Service Points has a best-efforts obligation unless and insofar as Service Points has expressly promised a result in the written agreement and the result in question has also been described with sufficient specificity.
3. If and insofar as proper implementation of the Collaboration Agreement requires this, Service Points has the right to have certain work carried out by assistants and third parties. The applicability of Article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded. Service Points will exercise due care when engaging third parties.
4. If Clients and suppliers contract directly with each other or make direct agreements with each other, Service Points is in no way liable for damage resulting from one or more attributable shortcomings under the agreement(s) concluded between Clients and suppliers and/or appointment(s) made. Service Points is also not liable for extra-contractual damage in any way whatsoever.
5. The Client ensures that all information that Service Points indicates is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to Service Points in a timely manner. If the information required for the execution of the agreement has not been provided to Service Points in a timely manner, Service Points has the right to suspend the execution of the agreement and/or to charge the Client the additional costs resulting from the delay in accordance with the then usual rates. to be taken into account. The implementation period does not commence until the Client has made the data available to Service Points. Service Points is not liable for damage of any nature whatsoever because Service Points relied on incorrect and/or incomplete information provided by the Client.
6. If the Client attributably fails to properly fulfill its obligations towards Service Points, the Client is liable for all direct or indirect damage suffered or to be suffered by Service Points.
7. If telecommunications facilities, including the internet, are used in the performance of the agreement, the Client is responsible for the correct choice and their timely and adequate availability, except for those facilities that are under the direct use and management of Service Points.
8. Service Points is never liable for damage or costs due to transmission errors, disruptions or unavailability of these facilities. If telecommunications facilities are used in the performance of the agreement, Service Points is entitled to assign access or identification codes to the Client.
Article 9 - Delivery and changes to the order
1. After receiving the required information, Service Points will start the agreed work as soon as possible and, if possible, inform the Client of the delivery time expected by the supplier.
2. If Service Points is unexpectedly unable to meet its obligations, the Client is obliged to give Service Points notice of default by means of a written reminder, as described in Article 6:82 of the Dutch Civil Code, within which Service Points must be given a period of at least 14 days must be allowed to still fulfill its obligations. Service Points is not responsible for the delivery of the products. Service Points is only obliged to carry out the work as included in the Collaboration Agreement.
3. If during the implementation of the Collaboration Agreement it appears that it is necessary to change or supplement the work to be carried out for proper implementation, the parties will adjust the Collaboration Agreement accordingly in a timely manner and in mutual consultation.
4. If the Collaboration Agreement has been changed or supplemented, Service Points is entitled to implement it only after the parties have reached agreement on all changes and/or additions. However, failure to execute the amended agreement or to do so immediately does not constitute a breach of contract on the part of Service Points and does not constitute grounds for the Client to terminate or dissolve the agreement.
5. In the event of a change or addition to the agreement, Service Points will indicate to what extent the change or addition will lead to an increase in costs.
6. Notwithstanding paragraph 5, Service Points will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Service Points.
7. Changes to an assignment/order that has already been placed may result in the originally expected delivery time being exceeded; in that case, Article 4, paragraph 8 of these General Terms and Conditions applies mutatis mutandis.
8. If the change involves a reduction in work, Article 12, paragraph 4 applies.
1. The Client is obliged to pay the agreed fee/compensation to Service Points. For the rest, reference is made to the provisions of Article 3, paragraph 12 of these General Terms and Conditions.
2. If Service Points deems this desirable, Service Points is entitled to ask the Client for a reasonable advance on the fee for the work still to be performed. Service Points is entitled to suspend the start of its work until the advance has been paid or sufficient security has been provided.
3. The fee of Service Points is determined on the basis of an hourly fee or in the form of a fixed amount, either for a specific assignment or per financial year or calendar year. The fee is in no way dependent on the outcome of the assignment given.
4. If the Client so requests, Service Points will provide a statement of the estimated costs associated with the work to be carried out by it and/or third parties prior to the commencement of its work.
5. If the Client and Service Points have not agreed on a fixed amount for a specific assignment or per calendar year or financial year, the fee is determined on the basis of the hourly rate and the total of the time spent by Service Points.
6. Service Points is at all times entitled to increase the fee without the Client being entitled to terminate the agreement for that reason, if the increase in the price results from a power or obligation under legislation or regulations. or is caused by an increase in wages, for example, or on other grounds that could not reasonably have been foreseen when the agreement was entered into.
7. The Client is obliged to reimburse the reasonable expenses incurred by Service Points in the execution of the assignment.
8. The fee of Service Points, if necessary increased by declarations of expenses or of third parties engaged, will be charged to the Client, including any VAT due, per month or after completion of the work.
1. Service Points will provide an invoice to the Client for its work/services; the invoice must meet the legal requirements. The amount of the invoice will be deducted from the account balance.
2. The Client must clear a negative balance into a positive balance on the account within 30 days. After 30 days, Service Points has the option, if there is no positive balance on the account, to block the account until there is a positive balance and/or Service Points has the right to charge a fine of € after 30 days. 100 per day that the Client fails to clear the balance until it reaches a positive balance. The fine will then be deducted from the account balance daily.
3. If the Client fails to pay an invoice on time and/or in full, the Client is legally in default. The Client then owes interest of 1% per month or part of a month, unless the statutory commercial interest (ex Article 6:119a of the Dutch Civil Code) is higher, in which case the statutory commercial interest is due. The statutory commercial interest on the amount due will be calculated from the moment that the Client is in default until the moment of payment of the full amount due or if the balance on the account is positive again.
4. The Client is never entitled to set off any amounts owed to Service Points. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to rely on section 6.5.3 (Articles 6:231 to 6:247 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
5. If the Client is in default or is in default with regard to the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated based on what is customary in Dutch debt collection practice. The extrajudicial costs are thus calculated on the basis of the provisions of the Extrajudicial Collection Costs Standardization Act (WIK) and the associated Reimbursement for Extrajudicial Collection Costs Decree (BIK). However, if Service Points has incurred higher collection costs that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed in accordance with the provisions of Article 11, paragraph 3.
6. Service Points has the right to have payments made by the Client firstly deducted from the costs, then from the accrued interest and finally from the principal amount and current interest. Service Points may, without being in default, refuse an offer of payment if the Client proposes or maintains a different payment order. Service Points may refuse full repayment of the principal amount if the outstanding and ongoing interest and collection costs are not also paid.
7. A Client is only permitted to have negative credit if and after he continues to use the Service Points service and if he has signed a 'negative credit agreement'. If no negative credit agreement has been concluded and/or if the Client does not continue to use the service of Service Points, the Client is obliged to pay all outstanding amounts to Service Points within the set invoice terms.
1. The Client and Service Points are at all times entitled to terminate the agreement for an indefinite period by giving notice. Judicial intervention is not required for this. Such cancellation must be made by registered letter. If the agreement has not yet lasted 6 (six) months, the notice period is 1 (one) month.
2. The fixed-term agreement cannot be terminated prematurely unless there are urgent circumstances as a result of which the Client or Service Points can no longer reasonably be expected to continue the agreement any longer. This must be communicated to the other party with reasons and in writing. This does not affect the Client's obligation to pay the full agreed fee.
3. If the Client has prematurely terminated the agreement in whole or in part in accordance with the previous paragraphs, Service Points is entitled to compensation for the loss of occupancy that has occurred and can be made plausible on its part, as well as for additional costs that it has reasonably had to incur as a result of the early termination of the agreement. The foregoing applies unless there are facts or circumstances underlying the premature termination that can be attributed to Service Points.
4. In the event that one of the parties becomes bankrupt, applies for a suspension of payments or ceases business operations, the other party has the right to terminate the Agreement without observing a notice period.
5. Service Points is entitled to suspend fulfillment of its obligations or to terminate the agreement if:
(a) the Client does not fulfill the obligations under the agreement, not fully or not on time;
(b) Circumstances that have come to the attention of Service Points after the conclusion of the agreement give good reason to fear that the Client will not fulfill the obligations;
(c) If the Client has been requested to provide security for the fulfillment of its obligations under the agreement when concluding the agreement and this security is not provided or is insufficient;
(d) If, due to the delay on the part of the Client, Service Points can no longer be expected to fulfill the agreement under the originally agreed conditions.
6. If progress in the execution or delivery of the work is delayed due to negligence on the part of the Client or due to force majeure on its part, Service Points may charge the full agreed amount, without prejudice to its right to claim further costs, damage and interest. progress.
7. If the agreement is dissolved, the outstanding claims of Service Points, such as - but not limited to - the purchase costs that the Client still owes at the time of dissolution of the agreement, are immediately due and payable to the Client.
1. Unless required by any legal provision, regulation or other rule, Service Points is obliged to maintain confidentiality towards third parties with regard to confidential information obtained from the Client. The Client can grant an exemption in this regard. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
2. Except with written permission from the Client, Service Points is not entitled to use the confidential information made available to it by the Client for a purpose other than that for which it was obtained. However, an exception is made in the event that Service Points acts on its own behalf in disciplinary, civil or criminal proceedings in which this information may be important.
3. Unless there is any legal provision, regulation or other rule that obliges the Client to disclose or if Service Points has granted prior permission to do so, the Client will not share the contents of reports, advice or other written or non-written statements from Service Points. provide to third parties.
4. All shared information and earnings of Service Points, including agency accounts, Klarna solutions, coaching session(s) and the (fiscal) corporate structure, may not be shared with third parties on penalty of forfeiting a fine of €50,000.00 (in words: fifty thousand euros). ) per violation, which increases by €500.00 for each day that the violation continues.
Article 14 - Intellectual property
1. The ownership of ideas, concepts or (trial) designs provided by Service Points remains entirely with Service Points, unless expressly agreed otherwise in writing. In the latter case, Service Points can negotiate compensation for this. In the event of a proven violation of the said property, Service Points is entitled to charge a reasonable fee to be determined by itself.
2. Service Points reserves all rights with regard to the intellectual property associated with the (digital) products and resources that it uses or has used in the execution of the agreement.
3. The Client is expressly prohibited from using the (digital) products and resources of Service Points, including computer programs, system designs, working methods, advice, (model) contracts and other products in the broadest sense of the word, with or without the involvement of of third parties, directly or indirectly, to reproduce, disclose or exploit.
4. The Client is not permitted to make these products available to third parties, other than to obtain an expert opinion on the activities of the Service Points.
5. Service Points has the right to use the knowledge acquired through the execution of an agreement for other purposes, provided that no strictly confidential information of the Client is made known to third parties.
Special provisions App
1. The User of the App is not permitted to use the App in such a way that this constitutes a violation of Dutch or other applicable laws and regulations.
2. The User of the App is not permitted to distribute the following material via the App:
(a) Pornographic videos, images or other media with erotic content;
(b) Texts or images that are offensive, racist, discriminatory or hateful;
(c) Unsolicited advertising (spam);
(d) False or misleading information;
(e) Viruses, malware, spyware or other software intended to cause damage to computers of Service Points or other users.
3. The User of the App is not permitted to create an account under the name of a third party or to pretend to be someone other than himself.
4. The User of the App is obliged to keep the personal data obtained from other Users of the App confidential; This data may not be misused and may not be distributed or stored.
5. Other Users of the App may not be contacted for commercial purposes that are not in line with the purpose of the App.
6. In the chat function of the App, Users of the App are under no circumstances permitted to exchange contact details in any form - this also includes the prohibition of contacting each other directly in any other way, outside the Service Points platform to discuss product prices, fees, refunds and discounts, etc.
7. The Users of the App are obliged to use polite forms of contact with and towards each other that are customary in society.
8. Users of the App are free to discuss all matters referred to in Article 15 paragraph 6 with their account manager(s) via the chat function on the platform, either via WhatsApp or via Slack.
9. If the Users of the App act in violation of this prohibition, the violator will immediately, after one or more warnings expressed on the App have been ignored by the relevant User of the App, be subject to an immediately due and payable fine of € 10,000, which is not subject to mitigation. .00 (in words: ten thousand euros) owed to Service Points.
10. If a User of the App notices that another User of the App is using or abusing the App contrary to the provisions of these General Terms and Conditions, Service Points will notify the User in question by sending an e-mail to firstname.lastname@example.org.
1. Service Points strives to ensure that the App is available. Service Points are therefore subject to an obligation of best efforts. Service Points does not guarantee that the App will function error-free, nor does it guarantee that the App is available. Service Points is therefore not liable for damage suffered as a result of the App not functioning properly or safely.
2. Service Points is not liable for damage suffered as a result of incorrect information contained in the App.
1. The User of the App is obliged to protect the login details of his/her account from others and to keep his/her password secret. Service Points may assume that everything that happens on or with the account of the User of the App is carried out by the User of the App or takes place under the supervision of the User of the App.
2. If the User of the App thinks or knows that his/her account is being misused, the User of the App is obliged to report this to Service Points as soon as possible. Service Points will then take appropriate measures.
Article 18 – Prices
1. Service Points offers the Service free of charge.
2. Service Points may decide in the future that Users of the App are obliged to pay for using the App. If this situation arises, Service Points will notify the Users of the App in sufficient time and Service Points will offer its users the opportunity to cancel their account with immediate effect free of charge.
3. If Service Points requires payment for any part of the Service, this will be clearly stated in the App.
Service Points reserves the right to (partially) exclude a User of the App from the Service or to deny access to the App. In addition, Service Points has the authority to delete accounts at any time, for any reason. If Service Points chooses to no longer grant a User access to the App or delete his/her account, Service Points is not liable for any damage resulting from this. For example, Service Points has the authority and freedom to exclude Users of the App from the Service by:
a) delete an account of the User from the App, and/or by;
b) block parts of the Service for a User of the App.
Service Points is obliged to keep all confidential information of the User of the App secret. 'Confidential information' includes all information that the User of the App has indicated is confidential or whose confidential nature results from the nature of the information. The personal data of the User of the App, as referred to in the General Data Protection Regulation (GDPR), will only be released if Service Points is legally obliged to do so.
Service Points is not obliged to provide help and/or assistance in the event of conflicts between the Supplier/Freelancer on the one hand and the E-com entrepreneur on the other. Nevertheless, Service Points has the freedom to choose, for the sake of leniency, to mediate in resolving the conflicts that have arisen. The use by Service Points of this authority/freedom of choice cannot be enforced by the Users of the App/parties.
By using the App, the User of the App indemnifies Service Points against claims, demands and (damages) compensation from third parties. This limitation of liability does not exclude Service Points' liability in the event of malicious intent or gross negligence.
1. The User of the App grants Service Points a license to use content uploaded by the User of the App without restriction. This license is:
b) cost and duty free;
2. By using the App, The User of the App declares that:
a) he/she has (intellectual) property over information and media that he/she uploads to the Website; or
b) he/she is authorized to share and license to Service Points the media or information he/she uploads.
3. Service Points may not share, sell or exploit the content of the App in any way.