Terms & Conditions
2. APPLICATION OF TERMS AND CONDITIONS
3. START OF THE AGREEMENT
4. DESCRIPTION OF THE SERVICES
5. ACCESS TO THE SERVICES
7. MAINTENANCE, AVAILABILITY AND SUPPORT
8. PRICING AND PAYMENTS
9. DURATION AND TERMINATION
10. INTELLECTUAL PROPERTY
11. LIABILITY AND INDEMNIFICATION
12. CHANGES TO TERMS AND PRICING
14. TRANSFER OF CONTRACT
15. APPLICABLE LAW AND DISPUTES
Additional Conditions: the additional conditions that may apply to the Agreement in addition to these General Terms and Conditions;
Agreement: the agreement between Track Assistant and the Subscriber under which Track Assistant provides Service to the Subscriber and to which these General Terms and Conditions apply;
Administration: database with the trip data of one specific car, which is accessible to a User by means of authorization;
Customer: see Subscriber;
Documentation: the written and / or electronic documentation associated with the (Web) application;
General Terms and Conditions: these general terms and conditions;
Log-in Code: the log-in code that provides access to the Server together with the user name;
Log-in Data: code (s) exclusively for User, with which access can be gained to the (Web) application;
Log-in Procedure: the procedure prescribed by the Supplier that the Subscriber must follow in order to gain access to the Web application, using a secured encrypted connection (Secure Sockets Layer);
Multi-account: subscription form in which at least ten (10) subscriptions for multiple users are taken, provided with a management function, invoiced in advance for the period of one (1) year;
Partner or Reseller: a third party to be appointed by the Supplier who is authorized to sell Services on the basis of conditions set by the Supplier.
Portal: the internet site on which the Subscriber can order the Service and request changes;
Registration: filling in a form via the Website to record details of a possible future Subscriber;
Registration Confirmation: the complete follow-up by the prospective Subscriber of the procedure described by www.trackassistant.com via e-mail in order to confirm the Registration electronically;
Server: a computer or related group of computers and related hardware, managed by or for the benefit of Track Assistant, with web server equipment, the Application, supporting software and / or database software, accessible from the Internet;
Service: the payment and payment of the (Web) Application on the Server for payment to the Subscriber by Track Assistant, whereby the Application is not specifically maintained for the Subscriber;
Service Description: the detailed description of the functionality of the (Web) application and the availability of the Service;
Single Account: subscription form for a (1) user with payment by means of monthly direct debit, cancellable per month; Smartphone application: application for mobile phones with GPS and internet connection;
Subscriber: a natural or legal person who has completed the Registration Confirmation with Track Assistant, has concluded an Agreement or submits an application for this purpose;
Subscription: standardised Agreements for the use of the Web application, between Track Assistant and Subscriber, for which the Subscriber can register via the (Web) application. A distinction is made between the subscription types ‘Single’ and ‘Multi’;
Supplier: Zakelijk Rijden BV, established in Elst (Gld) and registered with the Chamber of Commerce Gelderland Centraal under number 09220563, or one of its subsidiaries acting as supplier;
System requirements: the minimum requirements imposed on the subscriber’s hardware and software for the proper use of the Services;
User: the Subscriber and / or his employee who actually makes use of the Service;
Track Assistant: the trade name of Zakelijk Rijden BV under which name the Service is offered; trackassistant.com ‘
URL: Uniform Resource Locator (URL) of the Server;
(Web) Application: the software for the Service, including new versions thereof, as further described in the Agreement and / or Service description; to which the Supplier grants Subscriber access through the Service for use in accordance with the provisions of the Agreement. Access is made through the website of the Supplier, accessible via the URL www.trackassistant.com to which Users access through log-in data;
Website: the website of the Supplier, accessible via the URL www.trackassistant.com;
2. APPLICATION OF TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all Agreements between Track Assistant and the Subscriber, as well as to applications thereto, as well as to all (legal) acts related to the delivery of the Services. The applicability of any general terms and conditions used by the Subscriber are not accepted by Zakelijk Rijden, unless the parties have expressly agreed otherwise.
2.2 In addition to these General Terms and Conditions, a Service Description and Additional Terms and Conditions may apply. The Subscriber must have accepted the applicability of the General Terms and Conditions and the Additional Terms and the Service Description in the order form on the Portal before the Subscriber requests the Service.
2.3 If a provision of the General Terms and Conditions is wholly or partially in conflict with a statutory provision or is invalid, then these conditions remain in full force for the remainder.
2.4 In the event of conflict between provisions of the Agreement, the Additional Terms and Conditions, the Service Description and these General Terms and Conditions, the following order of priority applies, whereby the provisions of the higher ranked document take precedence over the provisions of the lower ranked document.
b) Additional Terms;
c) Service description;
d) Terms and Conditions.
3. START OF THE AGREEMENT
3.1 The Subscriber can submit an application for the Service via the ordering procedure on the Portal. The application must be considered as an offer by the Subscriber to purchase the Service.
3.2 Track Assistant will inform the Subscriber in writing or electronically whether Track Assistant accepts the application. The Agreement, or the amendment thereof, is established electronically at the moment when Track Assistant sends the confirmation to the Subscriber that the request has been accepted. Track Assistant has the right to not accept an application without stating reasons.
3.3 The Subscriber declares to complete the application form completely and truthfully and declares that he will immediately provide Track Assistant with changes to these data.
3.4 After the Subscriber has gained access to the Service, he may request changes to the Agreement. The request for a change has to be considered as a new offer from the Subscriber.
3.5 In the event of distance contracts, as referred to in Article 7: 46a of the Dutch Civil Code, the Subscriber may, without being obliged to pay a fee, dissolve the agreement in writing or electronically within seven working days after the confirmation by Track Assistant as stated in Article 3.2. After this period, Track Assistant is entitled to charge the costs as agreed.
4. DESCRIPTION OF THE SERVICE
4.1 After the conclusion of the Agreement, Track Assistant will electronically provide the Subscriber with the URL, a user name, (a) Log-in code (s), by means of which the Subscriber can install, use and control the Application during the term of the agreement.
4.2 After the conclusion of the Agreement, the Subscriber obtains a right to use the Application to use it in accordance with the provisions in the Agreement, the Additional Terms and Conditions, the Service Description and these General Terms and Conditions.
4.3 The Subscriber may only use the Service for Users in respect of internal matters; the Subscriber is not permitted to facilitate the use of the Service for use by third parties.
4.4 Track Assistant reserves the right to (temporarily) modify the technical properties of the Application in order to improve the functionality and to correct any errors or to comply with regulations laid down by or pursuant to the law. Track Assistant makes an effort to track down any errors in the (Web) application and to have them repaired, but Track Assistant can not guarantee that all errors will be corrected.
4.5 Track Assistant makes every effort to carry out the above-mentioned changes without affecting the Subscriber’s possibilities of use and the (peripheral) equipment used by him.
4.6 Because the Service is provided to several subscribers, it is not possible to waive a specific change for the Subscriber only. The user documentation of the current version of the (Web) Application will always be available to the Users electronically in the Portal.
4.7 For the use and maintenance of the Application, Track Assistant can never be held liable for more or different than applies in the relationship between Track Assistant and its relevant supplier of that Application.
4.8 The Subscriber is responsible for the availability and functioning of the (peripheral) equipment and software used by him, the internet connection and for the maintenance of a connection to the energy network and other connections necessary for the access to and use of the Shift.
4.9 There is no (legal) retention period on Track Assistant for the data and data entered by the Subscriber. Upon termination of the Agreement, Track Assistant is entitled to delete and destroy data that is stored, processed or otherwise entered with the Service after one (1) year after, prior notification.
5. ACCESS TO THE SERVICE
5.1 The Log-in code (s) is (are) not transferable and strictly personal and exclusively for use within the Subscriber’s organization. The Subscriber will observe secrecy of the Log-in codes with regard to third parties, and will observe due care with regard to the use of the Log-in code (s). Track Assistant can also modify the Log-in code (s) at its own discretion after which it will inform the Subscriber of this in time.
5.2 The Subscriber is responsible for any use, with or without his consent, of the Service and of the Log-in code (s) made available to him. Track Assistant is not liable for damage of the Subscriber and / or third parties caused by unauthorized use of the Log-in code (s).
5.3 The Subscriber informs Track Assistant immediately if the Log-in code (s) is used unauthorized or if there is a suspicion that exists with Subscriber. The Subscriber can request Track Assistant to block the Log-in code (s). Track Assistant is entitled at all times to block the Log-in code (s) if it knows of unauthorized use of the Log-in code (s), without being obliged to pay compensation for damage and / or costs.
5.4 Track Assistant can decommission the Log-in code (s) or suspend the service if it has a serious suspicion that it is being used in violation of the provisions in Article 5.1 and / or if it is used in violation of the provisions in Article 10. The obligation to pay remains in place during such a shutdown.
6.1 The Subscriber and its Users determine which data are stored, edited, processed or otherwise entered using the Service. Track Assistant has no knowledge of this data. The Subscriber therefore remains responsible for the data entered by it. Track Assistant is therefore not liable for any damage resulting from the data entered by the Subscriber. The Subscriber indemnifies Track Assistant against claims by third parties for compensation of damage that these third parties could in any way claim on Track Assistant, insofar as this claim is based on the use made by the Subscriber of the Service.
6.2 Track Assistant is not obliged to check the correctness and completeness of the data provided and is therefore not liable for the consequences of the use of incorrect and / or incomplete information provided by the Subscriber.
6.3 The Subscriber will in no way infringe intellectual property rights of Track Assistant and / or third parties. If the Track Assistant learns that data that are stored, edited, processed or otherwise imported with the help of the Service are unlawful towards third parties, then Track Assistant is entitled to delete this data immediately and without prior notice from the Server. destroy. Already now, the Subscriber grants Track Assistant permission to remove and destroy all infringing data from the Server. Track Assistant will in no case be liable for any damage resulting from this act.
6.4 The Subscriber is not entitled to correct errors in the (Web) Application of the Service, to make adjustments, to transfer them to other equipment, to link them to other equipment and software, independently to the functionality expanding, changing parameters or removing protections.
6.5 If and insofar as Track Assistant makes software of third parties available to the Subscriber, provided that Track Assistant has provided this in writing or electronically to the Subscriber, the terms and conditions of such third parties shall apply with respect to that software, with the exclusion of the Software. certain in these General Terms and Conditions. The Subscriber accepts the terms and conditions of third parties. If and insofar as the aforementioned conditions of third parties in the relationship between the Subscriber and Track Assistant for whatever reason are deemed not to apply or are declared inapplicable, the provisions in these conditions apply.
7. MAINTENANCE, AVAILABILITY AND SUPPORT
7.1 Track Assistant reserves the right to temporarily take the Service out of use for maintenance, modification or improvement of the computer systems of Track Assistant. Track Assistant will allow such a shutdown to take place outside office hours as much as possible and inform the Subscriber in advance of the planned shutdown. Track Assistant will never be obliged to pay any compensation to the Subscriber due to such decommissioning of the Service.
7.2 Track Assistant will make every effort to keep the agreed Service functioning properly and strives for the highest possible availability, quality and security of the Service. However, Track Assistant does not provide any guarantee whatsoever other than as included in the Agreement and / or Additional Terms and / or Service Description.
7.3 In the Agreement and / or Service description and / or Additional Conditions, service-specific conditions with regard to the availability, the management and the support that apply to the Service to be delivered can be laid down.
8. PRICING, FEES AND PAYMENTS
8.1 The Subscriber will owe Track Assistant fees for the Service purchased by him in accordance with the set rates in the Agreement and / or as published on the Portal.
8.2 The rates consist of monthly (Single-subscription) or annual (Multi-subscription) amounts.
8.3 The Track Assistant systems are decisive for the calculation of usage-dependent reimbursements, subject to proof to the contrary from the Subscriber.
8.4 As of 1 January of each calendar year, the fees payable for the Service will be indexed on the basis of the change in the monthly price index according to the index figure “Collective labor agreements for the private sector, contractual wage costs and working hours; indices “, published by the Central Bureau of Statistics. If the publication of the aforementioned index figure should be discontinued, Track Assistant will determine a replacement index.
8.5 All rates and fees are in Euros and may be increased by VAT and any other government levies.
8.6 The periodic reimbursements are due and payable from the moment of the conclusion of the Agreement.
8.7 The agreement can be terminated electronically by the subscriber each month three (3) days before the end of the current period via www.trackassistant.com. The next month no subscription costs are due.
8.8 Track Assistant will charge all fees due to the Subscriber by means of an (electronic) invoice. This invoice is sent to the e-mail address that the Subscriber has specified on the order form on the Portal.
8.9 Payment of the fees due for a Single subscription is made via monthly direct debit. The Subscriber authorizes Track Assistant to debit the amounts due from a Dutch bank account. The Subscriber will always provide a sufficient balance on the bank account intended for direct debit. Any changes in data relevant to invoicing and payment must be reported to Track Assistant in writing or electronically by the Subscriber immediately. Payment of the fees due for a Multi-subscription is made for the 1-year usage period via (electronic) invoice.
8.10 In case of late payment, or if the direct debit for whatever reason does not succeed, the Subscriber is in default without further notice of default. In that case the Subscriber can be set a further deadline for payment.
8.11 Objections to the amount of the amounts charged by Track Assistant must be communicated to Track Assistant in writing to Track Assistant within three (3) weeks of the invoice date, after which the invoiced or collected amount counts as correct and acknowledged. Track Assistant will not invoke exceeding the term if the Subscriber could not reasonably discover the objections within this period.
8.12 The reasonable costs incurred by Track Assistant in connection with unjustified objections to the amount of the fees charged by Track Assistant may be charged to the Subscriber.
8.13 Track Assistant is entitled to suspend or restrict the access to and the use of the Service or its services entirely until it has received the full amount due and outstanding from the Subscriber. The Subscriber’s obligation to pay the fees remains in effect during the period of decommissioning.
8.14 Track Assistant can deliver the Service again if the Subscriber actually complies within a period set by Track Assistant.
8.15 If Track Assistant has concluded several agreements with the Subscriber, for which more than one account is sent, and an account has not been paid, the Track Assistant is free to fulfil its obligations under both the relevant agreement and those under the other agreements. to suspend or to limit.
9. DURATION AND TERMINATION
9.1 In the case of a Single subscription, an Agreement is entered into for the period of one (1) month. After the expiry of the initial term, the Agreement is each tacitly renewed for a consecutive period of one (1) month, unless a party terminates the Agreement by the end of the then current period, as described in article 9.2.
9.2 In the case of a Multi-subscription, an Agreement is entered into for the period of one (1) year. 9.2 Cancellation must be done electronically no later than three (3) days before the end of the current month (Single subscription) or the current year (Multi-subscription) via https://app.trackassistant.com/ritten/instellingen/account.
9.3 The Agreement can be terminated prematurely in writing or electronically if the Subscriber has died.
9.4 Both Track Assistant and the Subscriber can dissolve the Agreement in writing without judicial intervention if the other party does not properly fulfill one or more of its obligations under the Agreement, in so far as this shortcoming warrants dissolution. If fulfillment is still possible, the Agreement can only be terminated after the other party has been summoned in writing and the shortcoming has not been rectified within the specified period.
9.5 Track Assistant has the right to dissolve the Agreement without further notice of default or judicial intervention and with immediate effect if (if applicable):
the Subscriber (legal entity) ceases its business, is dissolved or is actually wound up;
the bankruptcy or suspension of payment of the Subscriber has been applied for or pronounced or application of the Debt Rescheduling of Natural Persons Act has been requested or pronounced;
the Subscriber is legally incompetent, has been placed under administration or in any other way loses free control over his assets;
violates articles 5 and 6 of these General Terms and Conditions.
9.6 Track Assistant is not obliged to pay any compensation as a result of termination of the Agreement on the grounds of this article 9 and the reimbursement of any compensation paid by the Subscriber.
9.7 If the Agreement has been terminated, the Subscriber will immediately cease use of the Service and stop. Track Assistant may terminate access to the Subscriber Service after termination of the Agreement.
9.8 In the event of cancellation by the Subscriber, Track Assistant will send a written or electronic confirmation of the cancellation and of the date on which the service is terminated with the opportunity to download data for one (1) year thereafter.
10. INTELLECTUAL PROPERTY
10.1 All intellectual and industrial property rights, as well as comparable rights for the protection of data and data, on the Portal, the Application and the provided documentation in the context of the Service (remain) belong to Track Assistant and / or its suppliers. The provision of the Service does not extend to (partial) transfer of said rights.
10.2 The Subscriber is not permitted to copy the Application or software or database made available by Track Assistant or any part thereof, including documentation – in any way whatsoever – as a basis for the manufacture of new software ( “Create derivative works”), reverse assemble, reverse compile or otherwise reproduce, translate, adapt, disassemble or decompile.
11. LIABILITY AND INDEMNIFICATION
11.1 Track Assistant is not liable in the context of the conclusion or execution of the Agreement, except for the provisions of the following paragraphs of this article.
11.2 In the event of property damage, the Supplier’s liability is in any case limited to Euro 500 per event causing damage. In both cases a series of related events is considered as one event.
11.3 Damage as referred to in this article must be reported to Track Assistant in writing as soon as possible but no later than four (4) weeks after the occurrence. Damage that has not been brought to Track Assistant within that period will not be eligible for compensation, unless the Subscriber makes it plausible that he was not able to report the damage earlier.
11.4 A shortcoming in the fulfilment of the Agreement by the parties can not be attributed to it if there is force majeure. Force majeure shall in any event be understood to mean: power failures, failure of the internet connection, or shortcomings in the fulfilment by suppliers of which Track Assistant is dependent on the performance of the Agreement, as well as any other circumstance that can not be attributed to the fault of a party , nor by virtue of law, legal act or generally accepted views on the account of that party, all this with the exception of obligations of payment of money.
11.5 The Subscriber shall indemnify Track Assistant against claims from third parties for compensation of damage that these third parties could in any way claim from Track Assistant, insofar as this claim is based on the use made by the Subscriber of the Service.
12. CHANGES TO TERMS, CONDITIONS AND PRICING
12.1 Track Assistant shall announce changes in these General Terms and Conditions and / or the rates of the Service in writing or electronically and declare the changed conditions to the existing Agreements applicable if the Subscriber agrees. These changes come into effect thirty days after written or electronic announcement of the content of the proposed change by Track Assistant, or on such a date as stated in the announcement.
12.2 If the change is not to the detriment of the Subscriber, Track Assistant informs the Subscriber to that effect, stating that the Subscriber of a Multi-subscription can not terminate the Agreement free of charge as a result of the change.
12.3 In the event of a change in these General Terms and Conditions and / or rates and in the event of a change to the Service, the Subscriber of Multi-subscription is entitled to the Agreement, contrary to the provisions of Article 9, within two weeks after sending the (electronic) notice. to terminate the change in writing by the effective date of the change, if the change is to the detriment of the Subscriber or lead to a service that deviates substantially from the service as it applied before the change. The Subscriber is not entitled to terminate the Agreement if the change was necessary to comply with rules laid down by or pursuant to the law.
13.1 The Parties shall, insofar as relevant within the framework of an Agreement, ensure the lawful processing of (personal) data in accordance with the relevant legislation and regulations regarding the protection of privacy, in particular the Personal Data Protection Act. The Subscriber indemnifies Track Assistant against all claims from third parties as a result of violation of the Subscriber of the aforementioned laws and regulations.
13.3 Track Assistant will comply with legal obligations to provide information from the Subscriber (including personal data). Track Assistant may also provide personal data to third parties for the purpose of commercial and charitable purposes, provided the Subscriber has given his explicit consent for this.
13.4 The Personal Data of the Subscriber will not be retained by Track Assistant longer than is required for the execution of the Agreement or is legally required, after which Track Assistant can permanently remove it without the Subscriber after one (1) year after offering a download. to inform.
13.5 The Subscriber has the right to take cognizance of his personal data as held by Track Assistant. The Subscriber can object to the way in which he is included if the data is factually incorrect or processed in violation of a statutory provision.
14. TRANSFER OF CONTRACT
14.1 The Subscriber is not entitled to transfer the rights and obligations under the Agreement to a third party without the prior written permission of Track Assistant. Conditions can be attached to the permission.
14.2 Track Assistant is entitled to transfer its rights and obligations under the Agreement to a third party, if this occurs within the framework of a transfer of (a part of) the company that it conducts.
15. APPLICABLE LAW AND DISPUTES
15.1 Dutch law applies to the Agreement.
15.2 All disputes arising from the Agreement will be settled by the competent court according to the law.