Website Terms of Use

Website Terms of Use

1. Introduction
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our getBIZZI website (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2. Information about us
Our site is operated by getBIZZI Ltd (we or us). We registered under the Dutch Chamber of Commerce (Kamer van Koophandel) in Utrecht, Netherlands, under registration number 30243703.

3. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our
Acceptable Use Policy.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

6. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

7. Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

A loss of income or revenue;
B loss of business;

C loss of profits or contracts;
D loss of anticipated savings;
E loss of data;
F loss of goodwill;
G wasted management or office time; and
H for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. Information about you and your visits to our site
We process information about you in accordance with our
Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

9. Transactions concluded through our site
Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our
Terms and Conditions of Supply.

10. Uploading material to our site
Whenever you make use of a feature that allows you to upload material or post to our site, or to make contact with other users of our site, you must comply with the content standards set out in our
Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our
Acceptable Use Policy.

11. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the European Data Protection legislation ("Directive 95/46 on the Protection of Individuals with regard to the Processing of Personal Data") or any other national Computer Data Misuse Acts legistation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

12. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our
Acceptable Use Policy.

If you wish to make any use of material on our site other than that set out above, please address your request to us using the contact us
form on this website.

13. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Jurisdiction and applicable law
The courts of the Netherlands will normally have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your own country of residence or any other relevant country or European Court.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands residing under European legislation.

15. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

16. Your concerns
If you have any concerns about material which appears on our site, please contact us using the
contact us form on this website.

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Acceptable use policy

Acceptable Use Policy

1. Introduction
This acceptable use policy sets out the terms between you and us under which you may access our getBIZZI websites (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Use.

Our site is operated by getBIZZI Ltd (we or us). We are a limited company registered in the Netherlands under company number 30243703 and have our registered office at under the Dutch Chamber of Commerce (Kamer van Koophandel) in Utrecht, Netherlands.

2. Prohibited uses
You may use our site only for lawful purposes. You may not use our site:

1. In any way that breaches any applicable local, national or international law or regulation.
2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3. For the purpose of harming or attempting to harm minors in any way.
4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see Clause 3 below).
5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
6. To transmit knowingly any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

7. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Use.
8. Not to access without authority, interfere with, damage or disrupt:
A any part of our site;
B any equipment or network on which our site is stored;
C any software used in the provision of our site; or
D any equipment or network or software owned or used by any third party.

3. Content standards
These content standards apply to any and all material which you contribute to our site (contributions).

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
1.Be accurate (where they state facts).
2. Be genuinely held (where they state opinions).
3. Comply with applicable law from which they are posted.

Contributions must not:
4. Contain any material which is defamatory of any person.
5. Contain any material which is obscene, offensive, hateful or inflammatory.
6. Promote sexually explicit material.
7. Promote violence.
8. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
9. Infringe any copyright, database right or trade mark of any other person.
10. Be likely to deceive any person.
11. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
12. Promote any illegal activity.
13. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
14. Be likely to harass, upset, embarrass, alarm or annoy any other person.
15. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
16. Give the impression that they emanate from us, if this is not the case.
17. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use. upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
1. Immediate, temporary or permanent withdrawal of your right to use our site.
2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
3. Issue of a warning to you.
4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. Further legal action against you.
6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

5. Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

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Privacy Policy

Privacy Policy

1. Introduction
getBIZZI (We) are committed to protecting and respecting your privacy.
This policy (together with our Website Terms of Use, Acceptable Use Policy and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purposes of the Data Protection Act 1998 and the the Data Protection Directive (95/46/EC) (the Acts), the data controller is getBIZZI LTD registered under the Dutch Chamber of Commerce (Kamer van Koophandel) in Utrecht, Netherlands, under registration number 30243703.

2. Information we may collect from you
We may collect and process the following data about you:
1. Information that you provide by filling in forms on our site getBIZZI site (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
2. If you contact us, we may keep a record of that correspondence.
3. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
4. Details of transactions you carry out through our site and of the fulfilment of your orders.
5. Details of your visits to our site [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.

3. IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
1. To estimate our audience size and usage pattern.
2. To store information about your preferences, and so allow us to customise our site according to your individual interests.
3. To speed up your searches.
4. To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may use cookies over which we have no control.

4. Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5. Uses made of the information
We use information held about you in the following ways:

1. To ensure that content from our site is presented in the most effective manner for you and for your computer.
2. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
3. To carry out our obligations arising from any contracts entered into between you and us.
4. To allow you to participate in interactive features of our service, when you choose to do so.
5. To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

6. Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may disclose your personal information to third parties:
1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
2. If getBIZZI Ltd or substantially all of its assets are acquired by a third party, personal data held by it about its customers will be one of the transferred assets.
3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions of Supply and other agreements; or to protect the rights, property, or safety of getBIZZI Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

7. Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting getBIZZI using the form on this website.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

8. Access to information
The Acts give you the right to access information held about you. Your right of access can be exercised in accordance with the Acts. Any access request may be subject to a fee of Euro 10 to meet our costs in providing you with the details of the information we hold about you.

9. Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email.

10. Contact
Questions, comments and requests regarding this privacy policy are welcome and should be addressed to getBIZZI using the contact form on this website.

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General Terms of Service

General Terms of Service

This page of Terms & Condition gives the reader an overall idea of the scope of our Service agreement. Prior to each project a tailored fully ratified legal Terms of Service document will be agreed upon, with getBIZZI or partners.

1. Definitions
 
The definitions and rules of interpretation in this clause 1 shall apply throughout these Terms and Conditions:

1.1 “Agreement(s)” means these Terms and Conditions and any quotation agreed and accepted by the Customer and getBIZZI in accordance with 3.2 below.

1.2 “Application” means the online software of getBIZZI, including all versions and upgrades.

1.3 “Application Manager” means the (actual) person who, on behalf of the Customer, is responsible for managing the Application and has administrative rights to configure the Application for the Customer’s users.

1.4 “Connectivity” means the ability to access the Application.

1.5 “Correspondence”/ “Writing” means properly signed and dated letters on paper medium only and excludes email and all other electronic communications.

1.6 “Customer” means the person, firm or company who purchases or intends to purchase getBIZZI services.

1.7 “End user” means the actual individual who uses the SaaS and is logged in as a user of the Application.

1.8 “getBIZZI” means getBIZZI LTD registered under the Dutch Chamber of Commerce (Kamer van Koophandel) in Utrecht, Netherlands, under registration number 30243703.

1.9 “Helpdesk” means the support services or assistance to the Customer relating to the support services offered by getBIZZI.

1.10 “Personal Calendar” means the calendar managed by a calendar user who personally maintains the contacts with the Customer’s clients.

1.11 “ISP” means the Internet Service Provider, which offers services or products on behalf of getBIZZI and provides access to the System.

1.12 “Pay-as-you-Go” means a licence charge based on the number of appointments, bookings or reservations actually made by the Customer’s clients.

1.13 “Non-Business Days” means Saturdays, Sundays and  national public holidays when banks in the respective European country are closed for business..

1.14 “Parties” means getBIZZI and the Customer.

1.15 “Resource Calendar” means the calendar managed by a resource administrator, who manages the resource’s contacts with the Customer’s clients.

1.16 “Sales Agent” (also known as “Dealer”) means an authorised sales agent of getBIZZI services  in a predefined market segment, region or market application.

1.17 “Software as a Service”/ “SaaS” means the hosting of the getBIZZI Application by getBIZZI or its authorised agents as a generic solution or service for more than one Customer. The service is never maintained specifically for one Customer.

1.18 “System” means the interconnected network of telecommunication and computer infrastructure which provides computers, software, applications and data files, with access to the Internet.

1.19 “Terms and Conditions” means these general sales, supply and payment conditions.

1.20 “User Name” means the identification code of the individual user.

1.21 “User Password” means the private key of the Customer, required for access to the Application.

1.22 “User Subscription” means a licence charge based on the number of calendar users, such charge payable in advance.

1.23 “Module” means a bundled group of features which can be purchased additionally to the licence types mentioned under 1.10 and 1.15.


2. Applicability
 
2.1 These Terms and Conditions are applicable to all agreements with getBIZZI, for the purchase of SaaS and support services.

2.2 These Terms and Conditions shall prevail over any inconsistent terms and conditions contained or referred to in the Customer’s purchase order, confirmation of order acceptance of a quotation or specification or any other document supplied by or representation made by the Dealer or Customer or otherwise implied by law, trade custom or practice. Any other terms and agreements are only legally valid if they have been agreed in Writing with getBIZZI.

2.3 Any of the Customer’s own conditions or any other conditions, offers or quotations whatsoever are applicable only inasmuch as they do not conflict with these Terms and Conditions. In case of conflict, these Terms and Conditions will have priority, even where stipulated otherwise.

3. Offers and quotations
 
3.1 Any verbal offers and quotations or other oral representations made by any of getBIZZI’s employees or by the Sales Agent or the Sales Agent’s employees, whether together with price lists, printed material, brochures or otherwise shall not be binding upon getBIZZI.

3.2 All offers or quotations supplied by getBIZZI or the Sales Agent, in whatever form, shall be valid for 30 days or any other period agreed in writing between the parties, and can be withdrawn at any time provided that once such an offer or quotation has been accepted, getBIZZI can only withdraw such offer or quotation within 48 hours of receipt.

3.3 Unless otherwise stated, getBIZZI’s prices are given in Euro’s and exclusive of local taxes and other possible charges arising from lawful regulation.

3.4 getBIZZI reserves the right to alter  its rates. This will be in accordance with any relevant existing legal requirements. getBIZZI will inform the Customer at least a month in advance of any changes to rates, with the understanding that if getBIZZI is aware in advance of any future price increases getBIZZI will inform the Customer of such increase upon confirmation of an order.

4. Prices
 
4.1 Unless otherwise specified, the price of GB is expressed in euros, excluding VAT and any other fees resulting from legal regulations.

4.2 GB is entitled to raise fees, taking into account any relevant existing legal requirements. GB will notify the Customer at least one month in advance of price changes, provided that previously known price increases are reported upon order confirmation.


5. Agreements
 
5.1 getBIZZI provides licences to access SaaS and all Agreements govern SaaS-related services.

5.2 The Customer can choose from two kinds of licence, namely, Personal Calendar or Resource Calendar; and two kinds of licence fee, namely, User Subscription or No Cure No Fee (or ‘Pay-as-you-Go’) Appointments.

5.3 Should the Customer wish to change the licence type and/or licence fee at a later date, this can be done by contacting getBIZZI or the Sales Agent. It is not possible to make this change online.

5.4 The User Subscription licence comes into force only when the Customer makes payment through an electronic payment system (such as PayPal). In so doing, the Customer at the same time indicates acceptance of the Terms and Conditions. It is only possible for the Customer to make use of the SaaS after payment.

5.5 The No Cure No Fee Appointments licence comes into force after acceptance of the total transaction fee per appointment made by clients and the Terms and Conditions. Only thereafter is it possible for the Customer to make use of the SaaS. On the first day of the month, the monthly amount to be collected is calculated and the Customer is requested to pay through an electronic payment system.

5.6 Regarding the renewal of the licence: extra users and/or modules can always be purchased via the getBIZZI website and are billed for the remaining period of the licence.

5.7 Both types of SaaS licence as described in 5.2 are entered into for a minimum period of 6 months (“Minimum Term”). Thereafter they are extended under the same conditions for a period of at least six months (“Successive Term”), unless a cancellation has occurred in accordance with 6.8 below.

5.8 The Customer is subject to a notice period for cancellation of one month to expire no earlier than the end of the Minimum Term or any Successive Term. Cancellation of the Agreement must always be in Writing.

5.9 If the Agreement is terminated before it has expired in accordance with clause 6.7, the Customer is obliged to pay the full fee to getBIZZI for the remainder of the Minimum or Successive Term (as the case may be). The total fee may be reduced at the discretion of getBIZZI due to any savings or benefits for getBIZZI arising from the premature termination.

5.10 Each Agreement with a Customer is entered into by getBIZZI subject to the overriding condition that the Customer appears to be able to pay all fees due hereunder.

5.11 getBIZZI  may terminate this Agreement with immediate effect and without notice on the occurrence of any one of the circumstances specified below and upon such termination all sums payable to getBIZZI under this Agreement shall become immediately due in full to getBIZZI, without prejudice to any other rights getBIZZI may have to claim for costs, damages or interest.

(a) proceedings are initiated against the Customer under any applicable insolvency or similar law for the purpose of bankruptcy, winding up or liquidation, the Customer, the Customer calls in receivers or a receiver or trustee in bankruptcy is appointed with respect to the business property or other assets of the Customer, the Customer requests suspension of payment, or seizure of all or part of the Customer’s assets takes place;

(b) the Customer dies or is placed under legal care;

(c) the Customer does not fulfil any of the obligations on him arising from law or this Agreement;

(d) the Customer fails to pay any amount specified in an invoice or part thereof within the appointed time;

(e) the Customer moves to wind up or transfer all or a substantial part of his business, including but not limited to the transfer of his business into a company, whether already existing or to be established.


6. Invoices, payments and reminders
 
6.1 The Customer shall receive from getBIZZI an invoice report following each payment transaction which shall contain the invoice total and any VAT total.

6.2 getBIZZI’s invoices are prepared on the basis of the previously supplied quotation which the Customer can view prior to completion of the electronic payment.

6.3 The invoice sent by getBIZZI by email applies to a Customer not contracting as a consumer as satisfactory proof of obligation, interest and the date on which the interest calculation begins.

6.4 Complaints relating to invoices must be made in Writing, with a precise statement of the nature and grounds of the complaint. Such complaints will only be considered if they reach getBIZZI within 5 working days following the invoice date. After the expiry of this date complaints shall not be considered, unless the Customer is contracting as a consumer.

6.5 getBIZZI will report back to the Customer in Writing, within 18 working days of receipt of the complaint, of its conclusion as to the validity or otherwise of the complaint.

6.6 Payment in advance and in arrears through the electronic payment system shall be made without discount or set off in the unit of currency in which the price has been quoted; [or in] [this will be in] accordance with any relevant existing legal requirements. Payments shall be made directly to the Sales Agent.

6.7 When the Customer has chosen to pay monthly for a No Cure No Fee licence, and if such payment is overdue, the Customer shall receive a reminder email 7 days after such payment has become due with a request to pay the total amount due within 7 days. Should the Customer not have paid within that time, getBIZZI shall be entitled to suspend the Customer’s use of the Application and collection of the amount owed will be passed to a debt collection agency. getBIZZI shall not be held liable for any loss that the Customer incurs as a result.

6.8 Extension of the duration of the Agreement in respect of a User Subscription licence shall take place automatically. The Customer shall receive an email 28 days in advance which will request settlement in advance for the following period using the electronic payment system. The Customer shall receive a reminder email 7 days before the expiry of the Agreement. Should the Customer not have paid by the day on which the licence Agreement expires, then getBIZZI is authorised to suspend the Customer’s use of the Application. getBIZZI shall not be held liable for any loss that the Customer incurs as a result.

6.9 Extension of the duration of the Agreement of a No Cure No Fee Appointments (licence shall take place automatically. The Customer shall receive an email 28 days in advance which will request him to review the invoice summary of the total transaction fee per appointment made by clients. 7 days before the expiry of the Agreement the Customer shall receive a reminder email. Should the Customer not have reviewed the invoice summary by the day on which the Agreement expires, getBIZZI shall be entitled to unilaterally extend the duration of the Agreement. A detailed invoice is sent on the first day of each month.

6.10 Subject to clause 6.11 below, the Customer shall compensate getBIZZI for all costs and expenses incurred by getBIZZI in respect of the collection of monies owed hereunder by the Customer including costs relating to legal advice and assistance, whether in or out of court.

6.11 Compensation relating to non-court costs is fixed at 20% of the total sum owed, subject to a minimum amount of Euro 150, if the total sum owed is less than Euro 1,500. If the total sum owed amounts to more than Euro 1,500, but less than Euro 3,500, then a percentage of 15% applies. For sums of Euro 3,500 and higher, a percentage of 10% is required. This compensation shall apply whenever legal advice or assistance is obtained by getBIZZI, or where the claim is passed to a collection agency, and shall become immediately due and payable by the Customer without further proof.

6.12 All payments made by the Customer go first of all towards meeting any interest and costs of recovery made by getBIZZI and then successively towards meeting the oldest outstanding invoices.


7. Access to databases
 
7.1 The parties are, except in the case of any legal obligation to reveal specific data, bound to maintain the confidentiality of information supplied by the other party and of results of a confidential nature obtained from its processing.

7.2 Due to the confidential nature of the relationship between the parties and the manner in which the Customer may make use of the system, it follows that getBIZZI shall only under limited circumstances access or allow a third party to access the user behaviour of the Customer and any confidential data records maintained by getBIZZI hereunder.

7.3 getBIZZI shall, as a responsible holder of the information, only provide a third party with access to the information if:
- the Customer has given consent in Writing, or
- it is necessary as part of an official investigation into criminal activity.

7.4 Any access specified in clause 7.3 will be limited to the provision of specifically relevant information. getBIZZI will in no case freely give control over such access, Connectivity or other confidential information.

7.5 getBIZZI is authorised to access the data records of the Customer, if and so far as this is necessary for the investigation and acceptance of a Helpdesk request, as well as for good management and development of the Application.


8. Use of the Application
 
8.1 getBIZZI will provide the Customer with access to the SaaS for the duration of this Agreement.

8.2 getBIZZI shall be obliged to provide assistance necessary for network security, security of user access and security of confidential information in general. However, the Customer shall bear full responsibility for prevention of misuse of the combination of user name and password provided. getBIZZI shall not be held liable for the loss, theft or misuse of username and/or password.

8.3 The Customer is always responsible for the actual content (including texts and images) with which he configures the Application.

8.4 getBIZZI is authorised to modify the SaaS system, add functionality and fix bugs from time to time. The Customer permits getBIZZI to alter or replace any part of the SaaS system without prior consent where such alteration or replacement provides a comparable or better version of the existing functionality. getBIZZI may also introduce alterations to the login procedure and user access and username. Costs which the Customer may incur as a result of these alterations shall be at his own expense and shall not be recovered from getBIZZI. getBIZZI will endeavour to fix all bugs in the Application, but cannot guarantee that the Application will ever be completely bug free.

8.5 The Customer is not permitted to use the SaaS system for illegal and criminal behaviour including but not limited to the following:
- the illegal distribution of copyright-protected material;
- the illegal or criminal distribution of private data;
- the distribution of illegal texts and image or audio material;
- the distribution of pornographic texts and image or audio material;
- computer misuse (also known as “hacking”) through the Internet or otherwise through the system;
- destruction, damage or rendering unusable of systems or automatic processes and software of others.
- the use of the application for criminal, discriminatory, expoitative, degrading or human oppressive acts and services. Examples include booking appointments for prostitution, escort, sex sessions via telephone, web or chat, agreements relating to drug trafficking, scheduling meetings with a criminal character or terrorist intentions and the like.

8.6 The Customer is not permitted to launch or continue running processes which he may or ought reasonably to suspect will hinder other users of the Internet or affect the use by others of the SaaS system.

8.7 Information which the Customer distributes for commercial purposes must comply with all applicable laws and regulations.


9. Limiting and blocking access
 
9.1 getBIZZI is authorised to limit or block the Customer’s access to the Application if the Customer does not adequately or fully fulfil his contractual obligations. Limiting and blocking of access can take place without warning but shall not affect the Customer’s payment obligations hereunder.

9.2 In the event that getBIZZI, acting reasonably, suspects that a Customer is carrying on any of the activities specified in 8.5 and/or 8.6 above, getBIZZI shall, without liability therefore, be entitled to suspend a Customer’s access to the Application and the Customer shall have no claim for reimbursement of pre-paid fees. Any reasonable suspicion that a Customer is carrying on any of the activities specified in 8.5 or 8.6 shall constitute grounds for getBIZZI to block access to the Application as well as for the immediate termination of this Agreement.


10. Support
 
10.1 The getBIZZI SaaS is hosted by the ISP in a professional manner in keeping with industry standards. This includes the physical protection of the centre and blocking of all unauthorized access, 24-hour hardware support, fire protection, power outage and Internet failure protection, a firewall, data security measures, and a daily data backup.

10.2 getBIZZI shall ensure that the SaaS is highly available in accordance with general industry standards. getBIZZI guarantees a 99.5% uptime average per month, outside the exclusions set out in Section 10.3. By ‘availability’ is meant that the SaaS is accessible from the Internet at the URL provided to the Customer. By ‘availability’ is not meant the existence of a working point-to-point connection between the systems of the Customer and the SaaS.

10.3 Exceptions to high availability may apply in the following circumstances:
- During system maintenance of the getBIZZI SaaS for upgrades and bug fixes;
- In case of incidents of force majeure (defined in Section 11);
- During service activities or upgrades of the ISP;
- Any problem or malfunction caused by the action of the End User;
- The unavailability of the SAAS at the request of the Customer.

10.4 The Customer has the right to support in using the Application. This support is provided by an online Helpdesk, to which the Customer can submit a question. This question will be answered as well as possible within 24 hours, excluding Non-Business Days. Only the Application Manager can put questions to the online helpdesk. End users must put their questions to the Application Manager. If the Customer purchased the SaaS through a Sales Agent then First Line Support shall be provided by the Sales Agent.

10.5 The Customer shall not obtain any rights to the information supplied by the employees of the online Helpdesk or Sales Agent. As the online Helpdesk depends upon the reliability and accuracy of the information provided by the Customer, the online Helpdesk shall not be liable for any failure caused by inaccurate information provided by the Customer.

10.6 The employees of the online Helpdesk shall be permitted to have access to confidential data records of the Customer, in so far as such access is required for the provision of support.

10.7 A request made by the Customer for service or assistance is regarded as:
- consent by the Customer to the online Helpdesk staff to access his data records;
- an undertaking by the Customer to provide all reasonable assistance to the online Helpdesk staff in the performance of their duties.

11. Force majeure
 
11.1 getBIZZI shall exercise all due care with regard to ensuring the availability of the Application and shall expend considerable effort in ensuring that access to the Application is without interruption. However, getBIZZI shall not be held liable for any interruption to the availability of the Application as a result of unforeseen circumstances or circumstances outside getBIZZI’s control which shall be at the Customer’s risk.

11.2 Such circumstances noted in 11.1 shall include but not be limited to interruptions in connections to the Internet, interruptions to the applicable telephone network, interruptions to electricity supply and other interruptions outside the control of getBIZZI. Interruptions to the availability of the SaaS system as a result of reasonably required maintenance shall also be deemed as circumstances falling within 11.1 above.

11.3 The consequences of shortcoming in the performance of getBIZZI towards third parties, which were caused by the Customer or as a result of his behaviour, are always to be considered as at the Customer’s risk.


12. Exclusion of Warranties
 
11.1 The SAAS will be offered in its current state ("as is") and GB and its licensors give the Customer no warranty with respect to the SAAS.

12.2 GB and its licensors give customers no guarantee that: a) the use of the SAAS will meet your requirements, b) the use of the SAAS will be uninterrupted, timely, secure or free from errors at all times, c) all information acquired by the Customer as a result of the use of the SAAS will be accurate or reliable, and d) that defects in the operation or functionality of any Software provided to Customer as part of the SAAS provider, will be restored.


13. Liability
 
13.1 getBIZZI shall not be held liable for the way in which, or the purpose for which, the Customer or any third party using the username and password of a Customer, makes use of access to the Application and the Customer shall indemnify getBIZZI for any claims, expenses or costs including legal expenses which getBIZZI suffers or incurs as a result.

13.2 The Customer is aware of the risks which digital or electromagnetic storage and transfer of data carry with them with regard to integrity and security of data.

13.3 getBIZZI shall not be held liable for:
- loss or corruption of the data stored or transferred by means of the System;
- corruption, loss or disclosure of confidential and valuable information;
- situations in which security may have reasonably been considered to be satisfactory at the time of implementation, or in which getBIZZI could not reasonably have been expected to implement the requested security.

13.4 If, in the performance of this Agreement, getBIZZI is directly responsible for any loss or damage to the Customer’s business], getBIZZI shall compensate the Customer to a maximum amount per event equal to the sum owed by the Customer in the invoice immediately preceding the event.

13.5 Liability for direct damage, caused by and attributable to getBIZZI, shall be limited to Euro 200,000 per event. In no circumstances shall getBIZZI be liable for consequential loss or other indirect damage, including loss of use, loss of profits and any special or pure economic loss, costs, damages, charges or expenses.

13.6 If as a result of an event relating to clause 13.2, more than one claim arises and the combined claims exceed the appointed maximum per event, the claims will be met proportionately.

13.7 Loss as described in clause 13.4, incurred by a Customer contracting as a consumer, must be reported in Writing to getBIZZI forthwith, but in any event no later than 15 days after such loss arises.

13.8 Loss which is not brought to the attention of getBIZZI within the period specified in 13.7 above will not be considered for reimbursement, unless the Customer shows plausibly that he could not have reported the loss earlier.

13.9 Clauses 13.3 – 13.6 concerning the liability of getBIZZI are not applicable insofar as the loss is caused by the gross or wilful negligence of getBIZZI.


14. Copyright/intellectual property/exclusivity
 
14.1 The Customer shall not modify, reproduce (other than as necessary for intended use), lend out, or otherwise provide to a third party the Application or any part thereof, except insofar as this is necessary for the use expressly permitted in the contract.

14.2 In copying or otherwise reproducing the Application, the Customer is never permitted to alter or remove notices in the Application or software, script or programs relating to the Application concerning the creator of such software or the confidential nature of the Application, software, script or programs or any other references to getBIZZI.


15. Usage Rights
 
15.1 The services, programs and written information made available by getBIZZI are provided to the Customer on the basis of a licence.

15.2 This licence is a non-exclusive and non-transferable licence exclusively for the agreed use of the named services within the Customer’s own organisation. This Agreement does not cover any other usage.

15.3 getBIZZI retains the right to sell or publish the work or service elsewhere.


16. Expiry
 
All rights of the Customer to make a claim against getBIZZI pursuant to this Agreement shall (save as otherwise provided by law), expire one year from the date on which the cause of action arose.


17. Governing Law and Jurisdiction
 
17.1 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands under applicable European legislation.

17.2 The Parties irrevocably agree that the courts of the Netherlands or any court chosen by  getBIZZI LTD shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).


18. Validity of stipulations
If any provision or part of a provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.


19. Final stipulations
 
19.1 This Agreement constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

19.2 The Customer hereby permits getBIZZI to use of the name of the Customer in press releases or product brochures to state that the Customer is a Customer of getBIZZI.

19.3 getBIZZI has the right to alter these Terms and Conditions. Alterations apply even to existing agreements provided that any alterations shall be made known in a timely and appropriate manner. Such alterations shall come into effect at least 30 days after the notification as stated in the notification.
 

This page of General Terms gives the reader an overall idea of the scope of our Service Terms and Conditions. Prior to each project a tailored mutually ratified legal Terms of Service agreement will be signed, with getBIZZI and or one of her partners.

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