Terms & Conditions
BOOKA B.V.
ZEKERINGSTRAAT 13B
1014 BM AMSTERDAM
THE NETHERLANDS
KVK NUMBER: 82841993
www.bookahq.com | info@bookahq.com
GENERAL TERMS & CONDITIONS (OF USE)
BOOKA
DEFINITIONS
Customer: the natural person or legal entity with whom Booka B.V. enters into an agreement to supply the Software.
Administration: The administration that is managed by the Customer by means of the Software.
Software: Online administration system which is offered on www.bookahq.com
Agreement: The agreement between Booka B.V and the Customer to which these General Terms and Conditions are applicable and on the basis of which Booka B.V. makes the software available to the Customer, which the Customer selected on the website www.bookahq.com.
Booka B.V.: Booka B.V., based in Amsterdam, Zekeringstraat 13B, known under the trade name Booka.
ARTICLE 1: GENERAL
1.1. The Software has been developed to offer businesses an online system to keep track of their administration by means of various modules. By filling in your email address, company name and password and checking the box “I agree with the general terms and conditions”, you agree with the general terms and conditions and the privacy policy of Booka B.V.
1.2. These general terms and conditions apply to the supply of all Software by Booka B.V. to the Customer. Upon registering, the general terms and conditions as described here apply.
ARTICLE 2: ACCESS AND REGISTRATION
2.1. The Customer must be 18 years of age or older.
2.2. The Software may only be used the Customer personally, or by an appointed data controller (as described in Article 2.3.). The Customer is not permitted to enable others, excluding the appointed data controller, to make use of the Software. The Customer is not permitted to transfer or assign the Agreement to another person or entity.
2.3. Appointed data controllers are: the Clients, Managers and Employees of the Customer who, via the Software’s invitation procedure, are granted access to the Software by means of their own username and password.
2.4. When the terms and conditions of the Agreement are fulfilled, each Customer will have a username and password. These are strictly private and confidential, and may not be shared with others, excluding the appointed data controllers. Booka B.V. can under no circumstances be held liable for the loss of a username and/or password by a Customer or appointed data controller.
2.5. Booka B.V. reserves the right to change the registration requirements of the Software and/or products offered on the website www.bookahq.com without prior notice.
ARTICLE 3: CODE OF CONDUCT
3.1. The Customer will not in any way use or arrange for the use of Booka B.V. for unlawful acts, the committing of criminal offences and/or for acts that are contrary to generally accepted norms and values. This is understood to include the following acts, among others: the infringement of intellectual property rights of third parties (including, but not limited to: copyrights, trademark rights; rights under European Directive 96/9 on the legal protection of databases, patent rights, design rights); theft; the unlawful and/or criminal distribution of secret or confidential information; the unlawful or criminal distribution of texts and/or visual and audio material, including racist statements, child pornography, criminal data traffic, insulting statements and so-called “email bombs”; computer hacking via bookahq.com or the internet; destruction, damage or the rendering unusable of systems or automated operations and software of others; distribution of viruses or otherwise deliberate disruption of communication or data storage; gaining access by means of false keys, false codes and/or false characteristics.
3.2. The Booka B.V. privacy policy as described below forms part of the Software. By registering, the Customer declares that he agrees to this policy and will comply with this policy.
3.3. The Customer agrees to enter (personal) information into free input fields in the Software, including but not limited to: telephone numbers, account numbers, sales data, street addresses, surnames, URLs, email addresses or other (personally identifiable) information of the Customer himself or of the Customer’s Employees and Clients, and that these will be stored online by Booka B.V. The information that the Customer enters into the Software will be used by Booka B.V. solely for administrative and statistical purposes.
3.4. The Customer hereby agrees that the Customer is personally responsible for interactions with the Customer’s Clients and Employees.
3.5. The Customer declares that he will in no way pretend to be someone other than the Customer. This also means that the Customer will not pretend to be another Customer or an employee of Booka B.V.
3.6. Messages that are sent by the Customer to the Customer’s Clients and Employees are treated as confidential by Booka B.V.
3.7. Information entered into the Software by the Customer, including but not limited to telephone numbers, account numbers, sales data, street addresses, surnames, URLs, email addresses or other (personally identifiable) information of the Customer himself or of the Customer’s Employees and Clients and data relating to the administration of the Customer’s Clients and Employees will never be provided to third parties by Booka B.V. without the Customer’s permission.
3.8. In the implementation of its Software, Booka B.V. makes use of third parties, and in some cases the Software of third parties. These third parties only have access to data insofar as that is necessary for the performance of their task. They may not use this data for any other purpose.
3.9. Booka B.V. occasionally sends its Customers a newsletter in which interesting news is shared, as well as new Software that Booka B.V. is offering. If the Customer would prefer not to receive this newsletter, the Customer can unsubscribe from the newsletter. If you have any questions and/or would like to unsubscribe, please contact support@bookahq.com.
3.10. In the case of questions and/or comments regarding the processing of data by Booka B.V., the Customer can contact our helpdesk via support@bookahq.com.
ARTICLE 4: INTELLECTUAL PROPERTY
4.1. The design and content, including trademarks, logos, graphics, photos and text on the website(s) of Booka B.V. are the intellectual property of Booka B.V. and may not be reproduced, used or displayed without the explicit written permission of Booka B.V.
4.2. The rights of use that are granted to the Customer by Booka B.V. are strictly limited to the use of the Software for business purposes within the context and duration of the Subscription to Booka B.V. All other use by the Customer without the permission of Booka B.V. is strictly prohibited.
4.3. The Customer is prohibited from by any means editing, copying, duplicating or downloading (for the purpose of editing, copying, duplicating, commercially using and/or distributing) or broadcasting, forwarding, commercially using and/or distributing the Software, webpages of Booka B.V. and the computer codes or elements that make up the Software.
ARTICLE 5: LIABILITY
5.1. Booka B.V. is obligated to make every effort to ensure that the software is properly protected. Booka B.V. is not liable for any damage on the part of the Customer or third parties as a result of insufficient protection.
5.2. Booka B.V. does not guarantee that the software is errorfree and cannot be interrupted by disruptions. Booka B.V. does not accept any liability for direct and/or indirect damage of the Customer as a result of a shortcoming in the performance of any agreement or any other obligation of Booka B.V. towards the Customer which is not due to the intent or gross negligence of Booka B.V. The liability is in all cases limited to direct damage to property and injury to persons and no more than an amount equal to the amount that Booka B.V. has received for the delivered Software, up to a maximum of four thousand euros.
5.3. Booka B.V. does not accept any liability for any indirect damage, including consequential loss, nor is Booka B.V. obliged to compensate trading loss, loss of profit, damage as a result of outage and/or inaccessibility of the internet, damage caused by the leakage of confidential data, damage caused by electronic faults or damage resulting from claims of third parties against the customer.
5.4. Booka B.V. does not accept any liability for damage on the part of the Customer that has been caused by third parties, who may or may not make use of the software.
5.5. The Customer indemnifies Booka B.V. against all claims of third parties that relate to the use of the Software by the Customer and/or insufficient compliance by the Customer with any obligation towards Booka B.V., whether or not arising from these general terms and conditions.
ARTICLE 6: FORCE MAJEURE
6.1. Booka B.V. does not accept any liability if a shortcoming is the result of circumstance that are not attributable to Booka B.V., such as (but not limited to) international conflicts, violent or armed actions, measures of any government, work incidents among Booka B.V. staff or among the staff of any third party who supplies Software to Booka B.V., boycotts, delays or other inadequacies on the part of third parties upon whom Booka B.V. is dependent in any way, disruptions in the electricity supply, disruptions in the connections to the internet, disruptions in the telephone network of the relevant telecommunications company/companies, full utilisation of the dial-up lines, outages of electricity and other disruptions that are beyond our control, disruptions in our communication links or in our equipment or in the communication links or equipment of any third party that provides Software to Booka B.V.
6.2. If, due to a non-attributable shortcoming, Booka B.V. is unable to fulfil its obligations for a period longer than two consecutive months, Booka B.V. and the Customer are each authorised to cancel the agreement by means of a written declaration.
6.3. The consequences of a shortcoming in performance by Booka B.V. towards third parties which is caused by or as a result of the conduct of the Customer will always be at the expense and risk of the Customer.
ARTICLE 7: TECHNICAL FAILURE OF THE WEBSITE
7.1. Booka B.V. does not guarantee that the software is errorfree and will not be interrupted by disruptions. Booka B.V. will endeavour to remedy defects in the Software as quickly as possible.
7.2. Booka B.V. does not accept any liability for the distribution of any information that is infected with a virus.
7.3. Booka B.V. does not accept any liability for the consequences of actions of third parties who gain access to and make changes to the Software, email messages or information of the Customer.
7.4. Booka B.V. will strive for the highest possible uptime. In the event of force majeure, Booka B.V. cannot be held liable for this. Booka B.V. uses Software (hardware, software, network, data storage, etc.) of third parties to supply the Software.
7.5. You shall not attempt to hack the Software and/or set up websites that pretend to be part of Booka B.V.
7.6. You shall not reproduce, copy, duplicate, sell or resell any parts of the Software, or the Software in its entirety, without the explicit permission of Booka B.V.
7.7. You shall not use the Software to post or send unsolicited content/email (spam).
7.8. You shall not put any worms and/or viruses and/or other forms of destructive code on the Software.
7.9. Booka B.V. strives for, but does not guarantee, that 1) the Software fulfils your specific wishes, 2) the Software functions correctly and 3) that faults in the Software will be rectified.
ARTICLE 8: RATES AND PAYMENT
8.1. All prices are exclusive of sales tax (VAT) and other levies imposed by the government, and are stipulated on the website www.bookahq.com/pricing/.
8.2. Upon registering, the Customer specified that he will pay by direct debit. When paying by direct debit, the amounts are always charged one month in advance, regardless of the payment term.
8.3. The amount to be paid monthly or annually for the use of the Software is determined based on the Agreement which the Customer himself selected on the website www. bookahq.com, or as agreed upon in the signed quotation.
8.4. If the Customer authorises Booka B.V. to take payments via direct debit, the Customer will ensure that there is sufficient balance in the account specified when registering.
8.5. Booka B.V. reserves the right to amend the rates for the Software. Booka B.V. must send the Customer a notification by email at least 1 month in advance.
8.6. When converting from a free account to a paid account, the free account will be immediately converted to a paid account and you automatically terminate the free account. Payment also commences on the day of conversion.
ARTICLE 9: NON-TIMELY PAYMENT
9.1. If the Customer wrongly has a debited amount refunded or if the Customer has not paid the due amount as described in Article 8.2, the Customer will be in default, without further notice of default being required.
9.2. From the date upon which the Customer is in default, Booka B.V. may charge one-off administrative costs of €5.00. In addition, there may be additional (extrajudicial) collection costs amounting to fifteen percent of the outstanding amount, with a minimum of €35.00. From the due date of the account, Booka B.V. can charge the Customer one percent of interest per month, or the statutory interest, if this is higher.
9.3. If there is a payment arrears of two (2) invoices, the Customer’s account will be temporarily closed. The Customer will receive instructions via email regarding how to pay the invoice and when the Customer’s account will be reactivated.
9.4. All judicial and extrajudicial collection costs, including the fees for lawyers, bailiffs and debt collection agencies, which have arisen due to the Customer’s overdue payments are to be borne by the Customer. The extrajudicial collection costs are in accordance with the scale used in case law.
ARTICLE 10: DURATION, CANCELLATION, TERMINATION
10.1. The Agreement lasts a minimum of 1 month before the end ofthe contract and is tacitly renewed for the same period as the agreed period preceding it. Information about this can be found under the “Licence” option in the Software. In the event of cancellation, the Customer must observe the notice period
in Article 10.2.
10.2. The notice period is a minimum of 1 calendar month and notice can be requested via the Software or must be given in writing via registered letter. Other manners of cancellation will not be accepted.
10.3. Booka B.V. is entitled, with immediate effect without further notice of default or judicial intervention, to terminate the agreement and/or to block access to the Software in whole or in part, whether temporarily or not, if the Customer does not fulfil or does not properly or fully comply with one or more of his obligations towards Booka B.V. or acts in contravention of llegal regulations. The agreement can be terminated with immediate effect as a result of, among other things: a; repeated, evidently justified, complaints regarding annoying/unacceptable conduct, b; attempts by the Customer to transfer the agreement, c; if the Customer does not settle the account within the period set by Booka B.V., d; if the Customer withdraws the direct debit authorization and/or cancels the transfer, e; in the event of bankruptcy, (provisional) suspension of payment, debt restructuring or being placed in receivership. Upon termination of the Agreement, the Customer is obligated to pay the costs of the remaining minimum duration of the Agreement.
10.4. All data of the Customer will be deleted 3 months after the Customer’s account is closed.
10.5. The Customer himself is at all times responsible for the statutory obligation to retain the data of the administration. This also applies after the cancellation of the account.
ARTICLE 11: MISCELLANEOUS
11.1. If Booka B.V. is acquired, merged or otherwise developed into another legal entity, all rights and obligations that exist between the Customer and Booka B.V. will transfer to this other legal entity.
11.2. If a provision from these general terms and conditions or any agreement should prove to be invalid, this will not affect the validity of the entire general terms and conditions and/or Agreement. The parties will replace the provision(s) with (a) new provision(s) to which the intent of the original agreement will be given to the extent that is legally possible.
11.3. The relations between the Customer and Booka B.V. are governed by Dutch law. Disputes between Booka B.V. and the Customer will be submitted to the competent court in Amsterdam, or, at the discretion of Booka B.V., to the competent court of the Customer’s place of residence.