This document describes the General Terms and Conditions and Agreement (as defined below) for use of the Service (as defined below) provided by the private company Datajust BV trading as Storecove, having its registered office in Amsterdam, at Keizersgracht 316 (Chamber of Commerce number 60881119, VAT number NL854101263B01) (Storecove).
1. In these general terms and conditions, the following definitions have the following meaning:
- General Terms and Conditions: These general terms and conditions;
- Accounting software: The accounting software packages for which a link with the Platform is available;
- Source: A medium on which invoices are made available to the Customer by one or more suppliers of a Customer, including but not limited to websites;
- Service: Automatically collecting Invoices and automatically sending such Invoices to Accounting software used by the Customer;
- Invoices: (new) invoices that are available via a Source;
- Login Details: The login details provided by Storecove to the Client, with which the Client has access to the Platform and the Service;
- Customer: Any legal person with whom Storecove has concluded an Agreement; Agreement: An agreement to use the Service;
- Platform: The software platform developed by Storecove, with which the Service is made available to the Customer by Storecove;
- Storecove: The private limited liability company Datajust B.V., trading as 'Storecove', with offices at Keizersgracht 316, 1016 EZ Amsterdam, registered in the Trade Register of the Chamber of Commerce under number 60881119;
- Access data: The data created or obtained by the Customer and with which the Customer is able to access a Source.
2. Headings above the articles in these Terms and Conditions are intended for ease of reading and do not affect the operation of these Terms and Conditions.
3. These General Terms and Conditions apply to any use of the Service.
4. The applicability of other general terms and conditions, including, but not limited to, the general terms and conditions of the Customer, are expressly rejected and do not form part of any use of the Service.
5. If any provision of these Terms and Conditions is not valid, the remaining provisions of these terms and conditions will remain in full force. In that case, the parties will consult on the content of a new provision that approximates the content of the original provision as closely as possible.
6. Any deviations from these General Terms and Conditions are only valid if agreed in writing.
7. Storecove reserves the right to change or supplement these terms and conditions, of which Storecove will inform Customers prior to the change coming into effect.
8. If a Customer does not wish to accept a change to these General Terms and Conditions, he can terminate the use of the Service once the new terms and conditions take effect.
Use of the Service
9. A Client will receive Login Details via registration on the Storecove website.
10. By using the Login Details, the Customer will be given the opportunity to use the Service.
11. The Client will only be able to use the Service in respect of each Source after the Client has correctly and completely provided and stored the Access Data for such Source on the Platform and always if and as long as such Access Data remains unchanged.
12. The Customer's use of the Service is at their own expense and risk.
13. Storecove will endeavour to keep the Platform and the Service available, but does not guarantee the full and permanent availability of the Platform and / or the Service and / or that all Invoices are collected (in time) at all times. More specifically, Storecove does not guarantee, nor does it accept liability for, the required availability of third-party telecommunications facilities for the correct, complete and unhindered functioning of the Platform and the Service.
14. The Client is responsible for compliance with any general terms and conditions of third parties that apply to Source and / or Accounting software, or that apply to the agreements that form the basis of Invoices.
15. The Login Details provided by Storecove to the Customer are strictly personal and must be kept secret by the Customer. The Customer is responsible for the misuse of Login Details and will immediately inform Storecove of any loss, theft and / or misuse.
16. Storecove uses all data made available to it by the Customer (including any personal data) only to the extent necessary for the performance of its services.
Duration and end of the Agreement
17. An Agreement is entered into for an indefinite period.
18. The Client has the right to cancel an agreement to use the Service in writing and with immediate effect.
19. Storecove has the right to cancel an agreement to use the Service in writing by giving a notice period of at least one (1) month.
20. Contrary to Article 19, Storecove has the right to terminate the agreement to use the Service with immediate effect if: (i) the Client acts contrary to applicable laws or regulations; or (ii) the Client acts contrary to the Agreement or these General Terms and Conditions; or (iii) the Client is declared bankrupt, or requests suspension of payment; or (iv) the Customer is dissolved.
21. In a situation referred to in Article 20, Storecove will at all times be free to limit or impede the Customer's access to the Service and the Platform with immediate effect.
22. Termination of the agreement to use the Service will always be in writing - including by e-mail.
23. If and as soon as the agreement to use the Service ends, the Customer will no longer have access to the Platform and Storecove will prevent further use of the Service.
24. Upon termination of the Agreement, Storecove will, at the written request of the Client, destroy all data and data relating to the Client within two (2) weeks of receiving such a request. If the Customer does not make such a request, Storecove will retain data and data relating to the Customer for a minimum of six (6) months after termination.
25. After termination of the Agreement, Storecove will, at the request of the Customer, transfer the data as processed up to the termination of the Agreement in a PDF, XML and / or Excel format on a conventional data carrier as a 'dump' to the Customer, provided that the Customer submits such a request in writing and within two (2) weeks after termination of the Agreement to Storecove and has paid Storecove the fee due in time. The Customer accepts that such a 'dump' contains the properties that the Customer finds at the time of receipt ("as is"), and that the liability of Storecove in that respect is completely excluded. Furthermore, Storecove is in no way obliged to convert the 'dump' or make it otherwise suitable for use by the Customer.
26. The Client owes Storecove a fee for making the Service available which is included in the Agreement.
27. In the event of payment via direct debit or from a credit card, the Customer will immediately pay the payment due. If the Customer chooses to pay per invoice, a Storecove invoice must be paid within fourteen (14) days after the invoice date.
28. Payment of an invoice will always be made without deduction, settlement and / or compensation.
29. If the Customer fails to pay any payment for an invoice in time and / or in full, the Customer will be in default by operation of law. Where appropriate, the Client is obliged to pay the statutory commercial interest as referred to in Article 6: 119a of the Dutch Civil Code, as well as the extrajudicial collection costs in accordance with the scale of extrajudicial collection costs applicable from time to time on the basis of the Extrajudicial Collection Costs Standardization Act and the accompanying Decree.
30. All intellectual property rights with respect to the Service, the Platform and the related software are vested in and remain with Storecove.
31. The Customer is only granted a right of use with regard to the Service and the Platform for the duration of the agreement to use the Service and only to the extent that such right is necessary for the actual use of the Service.
32. The Customer never has the right to make any adjustment to any part of the software that forms part of the Platform and / or the Service, or to make a copy thereof, to decompile it or to use it in any other way ( try to) edit.
33. If Storecove is at any time liable to the Customer for damage suffered by the Customer, Storecove will at all times only be liable for direct damage and not for indirect damage. Indirect damage includes, but is not limited to: loss of goodwill, loss of profit and lost savings.
34. A shortcoming in the fulfillment of any agreement cannot be enforced against Storecove and the third party / parties engaged by Storecove in the event of force majeure.
35. In the context of these General Terms and Conditions, force majeure should in any event, but not exclusively, be understood to mean: circumstances or events beyond the control and will of Storecove - regardless of whether these circumstances or events occurred at the time of signing any agreement or were foreseeable - as a result of which Storecove cannot reasonably be held to fulfill its obligations under the Agreement. These circumstances or events include, but are not limited to: war, fire, natural disasters, labour disputes, power outages, strikes, epidemics, government regulations and / or similar rules, embargoes, non-compliance (due to bankruptcy or otherwise) by suppliers, subcontractors or any other third party / parties engaged by Storecove for the implementation of the agreement, seizures, the unavailability of (the systems of) financial institutions and / or telecommunication services and (attempts at) the unauthorized intrusion into and / or the unauthorized use of the systems, networks and databases that belong to Storecove and / or on which Storecove depends, as well as all work performed by them unknowingly by others than Storecove or third parties engaged by it.
36. If and insofar as Storecove is liable to the Customer, this liability is in all cases limited to an amount equal to the amount that the Customer has paid to Storecove in respect of the Agreement to which the damage relates. For an Agreement with a term longer than six (6) months, the liability of Storecove is limited to a maximum of the amounts received by Storecove over the last six (6) months pursuant to the agreement, excluding VAT.
37. The liability of Storecove is, notwithstanding the previous articles, limited in all cases to an amount of EUR 250.
38. A series of incidents that have led to damage counts as one (1) incident.
39. Every claim against Storecove expires after the expiration of a period of three (3) months after the incident-causing incident has become known to the user, subject to the written acknowledgment of the claim by Storecove.
40. In the event that one or more obligations of these General Terms and Conditions are / are deemed void or voidable by the competent court, the other provisions of these General Terms and Conditions will remain in full force.
41. The transfer of an Agreement or the rights and obligations contained therein by the Customer is only possible after prior written permission from Storecove, which permission can be given under certain (then to be specified) conditions.
42. This Agreement is exclusively governed by Dutch law.
43. All disputes that may arise from this Agreement or from any ensuing or related (further) agreement, will in the first instance be settled exclusively by the competent court of the Amsterdam District Court.