TERMS AND CONDITIONS - Snooty Software
We, Snooty Software, offer the Snooty Software (the Software) through Software-as-a-Service (SaaS). This means that we provide you with access to the Software we developed. These are the terms and conditions (the Terms) that apply to the use of the Software.
If you have any questions about these Terms or the Software, please contact us at firstname.lastname@example.org or per mail: Snooty Software, Einsteindreef 85A, 3562XT Utrecht.
We reserve the right to change these Terms. You agree that the most recent version of these Terms apply. Deviations from these Terms only apply if we accept them in writing.
Article 1 - General
• The Terms apply to every offer and proposal we agree on.
• On request, we will send you a copy of these Terms, free of charge. The Terms are available on www.snootysoftware.com as well.
• If a part of the Terms is inapplicable or invalid, it does not affect the validity of the rest of the Terms. The invalid part shall be replaced by a provision that, as far as possible, is in accordance with the invalid provision.
Article 2 – Proposals and Offers
• All our offers and proposals are non-binding, unless agreed otherwise in writing. An offer or proposal only applies to the assignment specified therein (and not to possible future assignments).
• We may assume that all the information you provide us with is correct. We will base our proposal on this information.
Article 3 - Pricing
• The price does not include any expenses, taxes and other government fees.
• We can always change our prices and rates. The price change will enter into force 30 days after the announcement.
• If you do not agree with the price change, you can terminate our agreement immediately. The agreement will end on the day the price change enters into force.
Article 4 – Payment and Collection Charges
• We will charge the fee for the use of the Software monthly on your credit card, one month in advance.
• If your payment is due, you will automatically be in default (verzuim), without a notice of default (ingebrekestelling) being required. In case of default, you owe us the statutory commercial interest. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid in full.
• If you are in default, you owe us all extrajudicial costs. For an outstanding amount op to €267, these costs will be €40. For higher amounts, the maximum collection fees are as follows:
• 15% on the first €2500;
• 10% on the remaining part, up to €5000;
• 5% on the remaining part, up to €10.000;
• 1% on the remaining part, op to €200.000;
• 0,5% on the remaining part.
Article 5 – Use of Snooty Software
• If you want to use our Software, you need to register and create a personal account on our website. You may not grant others access to (a backup) of the Software.
• You need to keep your credentials and password strictly confidential. You are liable for all actions that are taken after logging in to the account. You are not liable for these actions if you reported that another person knows the password of your personal account.
• You are responsible for the technical operation and maintenance of your internet connection, internal network and all other IT-systems that are required for the use of the Software by our system requirements.
• We are entitled to block or delete a personal account, in case we reasonably suspect that one or more personal accounts are used to act in violation with the law or this agreement. In addition, we reserve the right to take other measures in such cases.
Article 6 – Availability and Maintenance of the Snooty Software
• We will ensure that you can use the Software during the time we have an agreement on a best effort basis. This means that we will make every effort to make the Software available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of the Software.
• We may (partly) disable the Software for maintenance. You will receive a notice from us in case of a scheduled maintenance. We will not send you a notice in case of emergencies.
• We reserve the right to change the Software and to change, delete or add certain parts of the Software.
• We cannot guarantee that the Software is free of errors. Please let us know if the Software has a malfunction, such as an error message or a failure of the functionality of the Software. You can contact us by sending an e-mail to email@example.com. We will do our best to resolve the issues as soon as possible.
Article 7 – Third Parties
We may involve third parties to (partially) perform the activities, if we find this necessary for a food performance of the SaaS agreement. The following articles of the Dutch Civil Act (Burgerlijk Wetboek) do not apply:
• 7:404 (execution by a certain person)
• 7:407 sub 2 (joint and several liability);
• 7:409 (death of a certain person).
Article 8 – Force Majeure
We are not liable if we cannot comply with our obligations in the event of force majeure. This also applies if you cannot comply with the agreement in the event of force majeure. If the force majeure lasts for more than two months, this agreement can be terminated in writing. In that case, there is no right to compensation. We will send you an invoice for the (unpaid) period that you used the Software.
Article 9 – Intellectual Property
• We (or our licensors or suppliers) are the exclusive holder of all current and future intellectual property rights on the Software, such as copyrights, trademarks, designs, patents, source code and know-how.
• You only receive the right to use the Software. You are not entitled to any of the intellectual property rights mentioned in paragraph 1. The right to use the Software is non-exclusive and non-transferable.
Article 10 – Non-disclosure
We are obligated to keep your confidential information secret. We understand ‘confidential information’ to be all information of which you indicated the confidentiality or information that has a confidential nature. The following information is in any event confidential information:
• Information regarding research, development, trade secrets and business information;
Article 11 - Liability
• You indemnify us from all claims from third parties regarding the data you stored, collected or processed using our Software. We are not liable for the content of the date you stored, collected or processed using the Software.
• We are not liable for any damage caused by improper use of the Software.
• We are only liable for direct damages suffered by you as a direct consequence of a shortcoming by us.
• Our liability is limited to the amount paid by you for our service
• We commit ourselves to ensure your data is carefully stored. However, we are not liable for any damage or loss of the data stored by us or third parties.
• The limitations set out in this article do not apply if the damages are the result of wilful misconduct or gross negligence.
Article 12 – Applicable law
Article 13 – Competent court
The Court of “Midden-Nederland”.