Terms and conditions ("Terms")
Last updated: August 11, 2014
View terms and conditions written in Dutch
The text below is a (poor) translated version by Google Translate of the terms and conditions written in Dutch
Dutch law applies to these terms & conditions
Article 1 Definitions
In these Terms and Conditions, the following definitions are used:
- 1.1 'Conditions': these terms and conditions Sebastix.
- 1.2 'Sebastix': name and trademark Sebastix.
- 1.3 'Use': means the exercise of all possible actions related to the site (s) and the online ordering application of Sebastix, including viewing the site (s), surfing on the site (s).
- 1.4 'User' means any person who makes use of the site (s).
- 1.5 'Customer': means any consumer who is on the site (s) of the Software Sebastix order at Sebastix.
- 1.6 'Custom software': software that has been created or modified in accordance with specifications and requirements of the Customer and therefore those of a personal nature.
- 1.7 'Agreement': means the agreement by sending the electronic order for Programming by the Customer via electronic ordering function is established on the site (s) of Sebastix. The Agreement qualifies as a distance contract.
- 1.8 'Software': means any software, both Custom made as Standard Software of Sebastix.
- 1.9 'Standard Software': means the software called 'Socialbackup' that Sebastix provides standard and which is not modified at the request of the Customer furnished or decorated.
Article 2 Identity of the entrepreneur
Office address: Sport 12, (4741BB) Hooves
Chamber of Commerce number: 20128069
VAT number: 155556551.B01
Sebastix is affiliated with the Association Nedederlandse Designers (www.bno.nl).
Article 3 Applicability
- 3.1 These Terms & Conditions apply to every offer of Sebastix and any realized Sebastix Agreement and the Customer.
- 3.2 These Terms and Conditions apply to the use of the site (s) of Sebastix, both before and after the registration of the User and Customer.
- 3.3 Sebastix will before the agreement is concluded, the text of this agreement to the User and Client are available electronically. The User and the Customer will have the opportunity to save on a durable medium. The Terms Easily
- 3.4 If in addition to the General Conditions also specific product or service conditions Sebastix and / or third parties shall apply, Article 3.3 shall apply mutatis mutandis. In the event of conflicting terms, the User and / or the Customer, always rely on the applicable provision that is most favorable to him.
Article 4 Software and licensing
- 4.1 Sebastix delivers user licenses to the Software which it makes available to Customer.
- 4.2 All quotations by Sebastix of numbers, functions, performance, usage restrictions and / or other indications of the Software are made with care. Sebastix does not guarantee that there may occur no abnormality.
- 4.3 By concluding the Agreement, the Customer will receive a license to use the Software that he has ordered.
- 4.4 Sebastix never has the obligation to make available. The source code of the Software to Customer
- 4.5 The Customer obtains after full payment a license to the Software indefinitely.
- 4.6 The Customer may use the software only for its intended use as described by Sebastix.
- 4.7 The license to use the Software is non-exclusive, non-transferable, non-sub licensable and personal.
- 4.8 The Customer shall not make available the Software to third parties or used for third parties.
- 4.9 The Customer is prohibited to sell the Software to rent out, transfer or grant. Limited rights
- 4.10 The Customer is forbidden to encumber with limited rights. Software
- 4.11 The Customer is prohibited to transfer the Software to a third party hosting services even if the hosting provider uses the Software exclusively for the Customer.
- 4.12 The Customer will be agreed with Sebastix restrictions on use of the Software strictly comply.
- 4:13 Sebastix is entitled at any time to take steps to protect the Software from unauthorized use and / or for use in a manner or for purposes other than the Customer agreed technical measures.
- 4:14 The technological Sebastix has taken may never be bypassed or removed.
- 4:15 A violation of the restrictions by the Customer delivers both an attributable failure in the fulfillment of the Agreement Sebastix as an infringement of the intellectual property rights of Sebastix.
- 4:16 In case of violation of the restrictions by the Customer, Sebastix has the right to terminate., The license to use the Software immediately
- 4:17 If the license to use the Software is terminated, the Customer shall use the Software immediately cease and desist. The Customer shall immediately Software should erase any storage medium on which it is stored.
Article 5 Modification of Software
- 5.1 The Customer is prohibited without modifying unless Sebastix granted. Written consent of the exceptions contained in the law, the Software in whole or in part Sebastix is always entitled to refuse permission or consent to commit. Conditions
- 5.2 If the Client modifies the Software, the Customer bears the full risk of any modifications made, whether Sebastix has given consent. The Customer indemnifies Sebastix full for all claims by third parties relating to the implementation of modifications and the use of the modified by the Client Software.
- 5.3 If the Client modifies the Software without written permission from Sebastix, dilapidated, as far as legally possible, any warranty obligation
Article 6 The offer
- 6.1 If an offer has a limited duration, or subject to conditions, this will be explicitly stated in the offer.
- 6.2 The offer contains a complete and accurate description of the Software offered. The description is sufficiently detailed to allow. Proper assessment of the offer by the Customer If Sebastix uses these images are a true reflection of the Software offered. Obvious mistakes or errors in the offer not binding. Sebastix
- 6.3 Any offer of Sebastix will contain the following information concerning the rights and obligations of the Customer related to the acceptance of the offer, the price including taxes;
- processing and packing costs;
- any costs of shipping and / or delivery;
- the manner in which the agreement will be achieved and what actions are required;
- whether to apply the right of withdrawal;
- the method of payment, delivery or performance of the Agreement;
- The deadline for accepting the offer, or the deadline for doing maintenance of price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a different basis;
- than the basic rate;
- if the Agreement is filed subsequent to its conclusion in any way be accessed by the Customer;
- how the Customer for concluding the Agreement does not wish to actions he can get informed, and the way he can recover before the agreement is concluded;
- possible languages, including Dutch, the Agreement may be entered;
- The conduct to which Sebastix is subject and the way the customer can consult these behavioral codes electronically;
- and the minimum duration of the Agreement in the event of an agreement, including continuous or periodic delivery of Software.
Article 7 The Agreement
- 7.1 The Agreement shall, subject to the provisions of Article 7.4, concluded at the time of acceptance by the Customer of the offer and meet the corresponding conditions.
- 7.2 The Customer may place an order by using the the appropriate electronic order form, available at www.Socialbackup.com.
- 7.3 The Customer is obliged to order and payment forms truthfully and complete fill which uses the most recent data. It is prohibited to provide Sebastix false data
- 7.4 A supply of Sebastix appears in the electronic order. Accordance with Article 7.3 The Customer accepts an offer from Sebastix by sending the order through the electronic ordering process on the site (s) of Sebastix.
- 7.5 At the time of receipt of the order by the Customer at Sebastix, the agreement with the customer is established.
- 7.6 Once Sebastix the electronic order form with the acceptance of the Customer has received Sebastix immediately confirm electronic receipt of acceptance of the offer and the conclusion of the Agreement. As long Sebastix no acknowledgment sent, the Customer may terminate the Agreement.
- 7.7 Sebastix take appropriate technical and organizational measures to protect the electronic transmission of information and / or data of the Customer and shall ensure a secure web environment. Sebastix take appropriate security measures for electronic payments.
- 7.8 Sebastix can - within the law - to inform the Customer of its payment obligations, as well as all facts and factors that are important for the responsible conclusion of the Agreement. If Sebastix under this investigation was justified in the agreement not to go, he is entitled to refuse an order or request or to the implementation to specific conditions
- 7.9 Sebastix will the Customer upon delivery of the software, the following information, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable medium, send:
- the address of the location of Sebastix which the Customer can lodge complaints;
- the conditions and the manner in which the right of withdrawal, the Customer can use, or a clear statement regarding the exclusion of the right of withdrawal;
- information on existing after sales service and guarantees;
- contained in Article 6.3 of these Terms and Conditions information unless Sebastix has provided for carrying out the contract this information to the Customer;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
- 7.10 If Sebastix is committed to delivering a range of Software, the provision in Article 7.9 shall apply only to the first delivery.
Article 8 Right of withdrawal upon delivery of Standard Software
- 8.1 Only the purchase of Standard Software, the Customer may, without giving any reason to dissolve for at least seven days. Agreement This period starts on the day following receipt of the Standard Software by or on behalf of the Customer.
- 8.2 During the period referred to in Article 8.1, the Customer shall handle the Standard Software and, if applicable, the packaging.
- 8.3 The Customer shall Standard Software, as applicable, only unpack or use as extent that is necessary to assess whether he wishes to keep. Standard Software This does not install and use the Standard Software understood.
- 8.4 The right of withdrawal lapses at the time the Customer Standard Software is installed and the personal code backup made.
- 8.5 Where the Customer terminates the Agreement after a backup made with the Standard Software is Sebastix entitled to ask who is at least 50% of the cost of the Standard Software compensation for use.
- 8.6 If the Customer of his right of withdrawal, he will be the Standard Software with all accessories and - if reasonably possible - in the original condition and, where applicable, with the information provided by Sebastix reasonable and clear instructions, return and / or remove of its computer system. In cases where the right to withdraw the license to use the Standard Software will be canceled immediately.
Article 9 Costs in case of withdrawal
- 9.1 The Customer makes use of his right of withdrawal, only the costs of returning the goods.
- 9.2 The Customer has paid a sum, will Sebastix this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 10 Exclusion of right of withdrawal
- 10.1 The Customer does not have a right of withdrawal if Custom software is removed. Sebastix will, for the conclusion of the Agreement in time, namely in the offer, noting that the right of withdrawal does not apply.
Article 11 The price
- 11.1 During the period mentioned in the offer prices of the Software offered will not be increased, except for price changes resulting from changes in tax rates.
- 11.2 Notwithstanding Article 11.1 Sebastix Software whose prices are subject to fluctuations in the financial market that Sebastix has no influence, with variable prices. Could These fluctuations and the fact that any price targets, are stated in the offer.
- 11.3 Price increases within 3 months after the conclusion of the Agreement are only allowed if they are the result of legislation or regulations.
- 11.4 Price increases from 3 months after the conclusion of the Agreement are only permitted if the trader has agreed and: they are the result of legislation or regulations;. or b. the Customer has the authority to terminate at the date the increase takes effect. Agreement
- 11.5 The prices quoted in the offer include VAT.
Article 12 Compliance and Warranty
- 12.1 Sebastix warrants that the Software complies with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness.
- 12.2 Sebastix does not warrant that the Software without interruptions, faults or defects or that all errors and defects shall be corrected.
- 12.3 Under 'errors' in the Software shall mean a substantial failure to comply with the writing by Sebastix functional or technical specifications of the Software, and, in case the Custom software, to the expressly agreed between Sebastix and Customer functional or technical specifications.
- 12.4 Sebastix shall use its best endeavors to recover if it has been reported. Within a period of one month after the conclusion of the agreement, detailed in writing by the Customer to Sebastix errors in the Software for the purposes of Article 12.3, within a reasonable time After the expiry of this period Sebastix not obliged to restore unless Sebastix and the Client have agreed otherwise in writing. Errors in the Software
- 12.5 If there is any operating errors or improper use of the Software, or other not Sebastix attributable causes, Sebastix can perform the repair at its usual rates. The Customer will be brought here. Advance informed
- 12.6 Errors shall indicate where and how they happen. Sebastix by a
- 12.7 Sebastix is always entitled to install temporary solutions to apply. Program bypasses or problem-avoiding restrictions in the software
- 12.8 Sebastix is in no way liable for the recovery of corrupted or lost data. The Customer shall at all times have on which the Software is installed. Recent backup of all the data on his computer
- 12.9 If the Customer demonstrates that the Software delivered differs from the statements of Sebastix, shown that it can not reasonably be expected to decrease the Software, the Customer so the Customer has the right to terminate the Agreement.
- 12.10 by Sebastix, manufacturer or importer as a guarantee scheme does not affect the rights and claims that the Customer may assert on the basis of the law and / or a failure to perform the obligations of Sebastix towards Sebastix relevant distance contract.
Article 13 Delivery and implementation
- 13.1 Sebastix will take the greatest possible care when receiving and implementing orders of Software.
- 13.2 Sebastix delivers Software in principle electronically. The place of delivery is the computer system on which the Client Software download.
- 13.3 Subject to what is stated otherwise in these Terms and Conditions will Sebastix accepted orders expeditiously but not later than 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order is not or only partially implemented, the Customer receives them no later than one month after placing the order. The Customer shall in that case be entitled to terminate the Agreement without penalty and be entitled to any compensation.
- 13.4 In the event of termination in accordance with Article 13.2 Sebastix the amount that the consumer as quickly as possible, be paid no later than 30 days after the dissolution.
- 13.5 If delivery of the Software proves to be impossible, Sebastix will endeavor to substitute Software available. Later than the delivery will be that replacement Software is delivered. Clear and understandable manner With replacement Software right of withdrawal can not be excluded. Where applicable, the cost of return shipping paid by Sebastix.
- 13.6 The risk of damage and / or loss of the Software until the time of delivery to the customer in the business, unless otherwise agreed.
Article 14 Duration Transactions
- 14.1 The Customer may be an agreement is indefinite withdraw in compliance with the applicable termination rules and a notice not exceeding one month.
- 14.2 This Agreement is concluded for a definite period has a duration of two years. If it is agreed that the silence of the Customer Agreement will be extended, the Agreement will be continued as an agreement for an indefinite time and will continue after the notice of the Agreement exceed one month
Article 15 Payment
- 15.1 Insofar as agreed, no later serve the amounts owed by the Customer to be paid within fourteen days after delivery of the Software.
- 15.2 Sebastix is entitled to ask. Advance payment of up to 50% of the agreed price If payment is agreed, the Customer may not assert any rights regarding the execution of the order, before the advance payment has been made.
- 15.3 The Customer is obliged to immediately notify. Inaccuracies in the payment details to Sebastix
- 15.4 In case of default of the Customer Sebastix subject to statutory limitations, the right to bring consisting of the reasonable costs:
the statutory commercial interest;
€ 50 administration costs;
The extrajudicial collection costs amount to 15% of the outstanding amount, at least, without prejudice to the right to claim the extrajudicial costs incurred;
judicial (collection) costs.
- 15.5 Sebastix sends its invoices by e-mail. The Client can print invoices as needed for administrative purposes.
- 15.6 Invoices are sent by the Customer or acceptance of the Order immediately after a relevant action.
- 15.7 Payment can be made by bank transfer via iDEAL or credit card.
Article 16 Transfer of Risk
- 16.1 The risk in respect of the Software supplied, starts at the moment of delivery to the Customer.
Article 17 Force Majeure
- 17.1 Force majeure is defined as any failure can not be allocated because it is not due to her fault Sebastix and not under the law, legal act or according to generally accepted practice.
- 17.2 Sebastix is entitled to in case of force majeure to suspend. Execution of the Agreement for the duration of the force majeure Sebastix will here the Customer by e-mail notify and identify a new delivery.
- 17.3 If the force majeure lasts for thirty days or more, the Customer has the right to terminate the Agreement. If and insofar as the Agreement partially Sebastix is implemented, the Customer may terminate the Agreement only partially dissolve the part of the Agreement, which has not yet been implemented.
Article 18 Obligation to report
- 18.1 If the Customer takes knowledge or becomes aware of the fact that another customer in violation of these Terms and Conditions, including the conduct, acts, the Customer has the obligation to notify Sebastix this. Reports of this nature can be made at the following address: email@example.com.
- 18.2 Sebastix ensures that all reports will be treated confidentially. Sebastix also ensure that no information of the user who does report to third parties will be announced.
Article 19 Complaints
- 19.1 Sebastix has a well-publicized complaints and deals with complaints under this procedure.
- 19.2 The Customer is required to check for defects. Directly supplied with delivery
- 19.3 Complaints about the performance of the contract, or defects in the goods supplied must promptly, fully and clearly described to be submitted to Sebastix, after the Customer has discovered the defects.
For complaints lodged 19.4 Sebastix be counted answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and an indication when the Customer can expect. A more detailed answer
- 19.5 A complaint about the software or service Sebastix can also be submitted by e-mail to: info@Socialbackup.com.
- 19.6 If the complaint can not be resolved by mutual agreement, the Customer and / or Sebastix submit them to the competent court.
Article 20 Protection of personal data
- 20.1 Sebastix respects the privacy of users and customers and ensures that the personal information provided will be treated confidentially.
- 20.3 Sebastix skips a (personal) data on which exchanges the Software of the Customer with other software.
- 20.4 The Customer indemnifies Sebastix claims by persons whose Client by using the Software personally registered and / or processed in the framework of a register of persons held or for which the Customer under the law or otherwise responsible by the Customer unless the Customer proves that the facts on which the claim is based must be. attributed solely to Sebastix
- 20.5 The responsibility for data that are processed using a Software supplied by Sebastix lies solely with the Customer. The Client guarantees Sebastix guarantee that the content, use, and / or processing of the data is not unlawful and do not infringe any rights of a third party. The Customer indemnifies Sebastix against claims by third parties, for any reason whatsoever, in connection with this data or the execution of the agreement.
- 20.6 Sebastix shall not guarantee that the information provided by it is effective under all circumstances. The security Sebastix offers will meet a level that, given the state of the art, the sensitivity of the data and the associated cost is not unreasonable to take security.
Article 21 Other provisions
- 21.1 The Customer is not entitled to wear without the written permission of Sebastix. Concerning the rights and obligations under the Agreement to a third party
- 21.2 Sebastix is at all times entitled to change these Terms and Conditions. Sebastix the Customer will be informed set. If the Customer does not agree with the changes, the Customer can refuse to accept. New Terms and Conditions The Customer may not use Software updates that are made available.
- 21.3 If one or more provisions of these Terms and Conditions are void or voidable, this shall not affect the validity of the remaining provisions.
Article 22 Applicable law and disputes
- 22.1 Contracts between Sebastix and the Customer to which these terms refer only to Dutch law.
- 22.2 Disputes between Sebastix and the Customer arising from an agreement concluded between them, to be submitted to the competent court in the district where the customer resides.