Derogations from these terms and conditions are binding only if provided by Safeguard B.V. and granted in writing.
Article 1. Use of the service
1.1 Safeguard is offered for automation purposes within your company through the tools provided by Safeguard. You decide how to use the tools and what specific goals.
1.2 To use SafeGuard, you must sign the application and return on digital or via hard copy to SafeGuard B.V. .. Follow the instructions on the site.
1.3 You must block access to your account by username and password for unauthorized persons. In particular, you must keep the password strictly secret. Safeguard B.V. assumes that all which happens from your account after login with your username and password will be under your guidance and supervision. You are thus liable for all these actions unless you contact Safeguard B.V. and have reported that someone else knows your password.
1.4 Safeguard processes personal information. Safeguard B.V. hereby acts as a processor within the meaning of the Personal Data Protection Act; You are the responsible person. You indemnify Safeguard B.V. of all claims of persons under this Act.
Article 2. Rules of use
2.1 It is forbidden to use Safeguard for acts that violate Dutch or other applicable laws and regulations. This includes storing or spreading through the service of information that is fragile, defamatory or racist.
2.2 In particular, it is forbidden to use Safeguard in such a way that inconvenience or inconvenience to other users arises. This includes the use of own scripts or programs for uploading or downloading large amounts of data, or making excessive calls from the service too often.
2.3 If Safeguard B.V. finds that you violate the above terms, or receive a complaint, Safeguard B.V. itself – at its sole discretion – may intervene to terminate the violation.
2.4 If, in the opinion of Safeguard B.V. barrier, damage or other danger arises to the operation of the computer systems or the network of Safeguard B.V. or third parties and / or service over the internet, especially through excessive sending e-mail or other data, leaks of personal or activities of viruses, Trojans and similar software, SafeGuard B.V. is entitled to take all measures that it considers reasonably necessary to dispense or prevent this hazard.
2.5 Safeguard B.V. is entitled at all times to report reported criminal offenses.
2.6 The user is responsible for a strong internet connection and good functioning mobile device. If this prerequisite is not met, this may (negatively) effect the operation of Safeguard.
2.7 Safeguard B.V. can tell you the damage caused by violations of these codes of conduct. You indemnify Safeguard B.V. of all third party claims relating to damage resulting from violation of these usage rules.
Article 3. Availability and maintenance
3.1 Safeguard B.V. guarantees that the service is available 99.8% of the time, except for scheduled maintenance work. If Safeguard BV does not comply with this obligation, user may claim damages in accordance with Article 6 of these Terms and Conditions. The user is furthermore obliged to notify Safeguard BV of any possible issue. Any additional damage caused by the absence of immediate notice is not borne by Safeguard BV.
3.2 Safeguard B.V. Safeguard is active. If maintenance is expected to lead to a reduction in availability, Safeguard B.V. does this overnight (between 23:00 and 07:00 local time). Maintenance will be announced in advance. Maintenance related to calamities may occur at any time and will not be announced in advance.
3.3 Safeguard B.V. may adjust Safeguard’s functionality from time to time. In addition, your feedback and suggestions are welcome, but ultimately, Safeguard B.V. decides which adjustments to make or not.
Article 4. Intellectual Property
4.1 The Safeguard service, its associated software as well as all information and images on the website is the intellectual property of Safeguard BV. It may not be copied, edited or used in any way without the express written permission of Safeguard BV, except where legally permitted.
4.2 Information that you store or process through the Service is and will remain your property (or your suppliers). Safeguard B.V. has limited use of rights to use this information for the service, including for future aspects thereof. You may revoke this right of use by removing the relevant information and / or terminating the agreement.
4.3 If you send information to Safeguard B.V., for example, feedback about an error or suggestion for improvement, you grant Safeguard B.V. an unlimited and perpetual right of use to use this information for the service. This does not apply to information that you emphatically mark as confidential.
4.4 Safeguard B.V. will not take note of any data you save and / or distribute via Safeguard unless required for proper service or Safeguard B.V. is obliged to do so by law or by a court order. In that case, Safeguard B.V. strives to minimize the knowledge of the data as far as it is in its power.
Article 5. Compensation for the service
5.1 The use of Safeguard is a fee for the use of certain functionalities. You will be informed of the costs in the relevant functionalities. The fee is due monthly and is pre-billed.
5.2 Payment can be made by direct debit, by transferring the amount to Safeguard B.V.’s bank account, or according to the payment instructions on Safeguard BV’s website.
5.3 Because the service is delivered immediately, at your express request, it is not possible to cancel a payment by calling on the Remote Purchase Act.
Article 6. Liability
6.1 Except in case of intent or gross negligence, the liability of Safeguard B.V. is limited to the amount that you have paid in the three months prior to the time of the claiming event.
6.2 Safeguard B.V. is expressly not liable for indirect damage, consequential loss, loss of profits, missed savings and damage due to company stagnation.
6.3 The condition for the arbitration of any right to compensation is that you will notify Safeguard B.V. in writing within two months after discovery of reports.
6.4 In case of force majeure, Safeguard B.V. never has to pay compensation for the resulting damage. Force majeure may include interference or failure of the Internet, the telecommunications infrastructure, power failures, domestic riots, mobilization, war, transport barriers, strike, exclusion, business disturbances, stagnation in supply, fire and flooding.
6.5 Safeguard BV indemnifies the client for direct and indirect damages arising from the correct use of Safeguard as provided by Safeguard BV or by third parties in the service of Safeguard BV to a maximum of the insured sum of the company liability due by Safeguard BV. The policies of these insurances can be requested by the client at any time.
6.6 The damage mentioned under 6.5 is not expressly understood as damage caused by the lack of high speed internet connection or lack of a properly functioning mobile device which users use.
6.7 User Safeguard B.V. of liability for damage caused by misuse of Safeguard. Misuse of Safeguard means, inter alia, the following:
a. not tracking mobile device;
b. not updating new versions of safeguard;
c. Incorrect general phone settings: disable push messages or sound.
Article 7. Duration and termination
7.1 This agreement will enter as soon as you use the service for the first time and last for one year.
7.2 After this period, the agreement will be tacitly renewed with the same time period. If you enter into a contract as a consumer, you may terminate the agreement at any time by tacit renewal with a notice period of one month from the date of termination. Business customers may terminate at the end of the period referred to in paragraph 1 with a notice period of two months.
7.3 Safeguard B.V. can terminate the agreement if you have not logged in for 18 months. In that case, Safeguard B.V. will first send a reminder email to the e-mail address associated with your account.
7.4 You can download any data you save or process through the service at any time via the interface.
Article 8. Change of terms
8.1 Safeguard B.V. may modify these terms and conditions at any time.
8.2 Safeguard B.V. will announce the changes or additions at least thirty days prior to commencement through the service so that you can take note of it.
8.3 If you do not wish to accept a change or supplement, you may terminate the agreement until the date of entry into force. Use of the service after the date of entry into force is valid as acceptance of the amended or supplemented terms.
Article 9. Other provisions
9.1 This agreement is governed by Dutch law.
9.2 In so far as the rules of compulsory law do not stipulate otherwise, all disputes relating to Safeguard will be submitted to the competent Dutch court for the district in which Safeguard B.V. is located.
9.4 The version of communication or information as stored by Safeguard B.V. is deemed to be correct, unless counter-notification is provided in that regard.
9.6 Safeguard B.V. is entitled to transfer the rights and obligations from the agreement to a third party who takes over Safeguard or its business.
These Safeguard Statutes relate to the use of the Safeguard Service under the Safeguard Terms and Conditions (the “AV”) between Safeguard BV, (“Safeguard”, “Us” or “We”), and Safeguard Service Users (“You” or “Customer”). These statutes relate only to any paid account that the Safeguard Service uses. Unless otherwise stated, these statutes comply with the terms in the General Terms and Conditions.
Safeguard reserves the right to change the terms of these articles in accordance with the General Terms and Conditions.