{"id":1683,"date":"2023-05-02T07:58:57","date_gmt":"2023-05-02T07:58:57","guid":{"rendered":"https:\/\/www.clickker.nl\/?page_id=1683"},"modified":"2023-06-29T12:51:19","modified_gmt":"2023-06-29T12:51:19","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.clickker.nl\/en\/informatie\/algemene-voorwaarden\/","title":{"rendered":"General terms and conditions"},"content":{"rendered":"<div data-elementor-type=\"wp-page\" data-elementor-id=\"1683\" class=\"elementor elementor-1683\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-d14bc0d e-flex e-con-boxed e-con e-parent\" data-id=\"d14bc0d\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;background_background&quot;:&quot;gradient&quot;}\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t<div class=\"elementor-element elementor-element-1ef8431 e-con-full e-flex e-con e-parent\" data-id=\"1ef8431\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t<div class=\"elementor-element elementor-element-a0e07c4 elementor-widget elementor-widget-shortcode\" data-id=\"a0e07c4\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"shortcode.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-shortcode\"><nav aria-label=\"breadcrumbs\" class=\"rank-math-breadcrumb\"><p><span class=\"last\">Home<\/span><\/p><\/nav><\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-5b16f0d e-flex e-con-boxed e-con e-parent\" data-id=\"5b16f0d\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-5c7c4f0 elementor-widget elementor-widget-spacer\" data-id=\"5c7c4f0\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-9a5e616 e-flex e-con-boxed e-con e-parent\" data-id=\"9a5e616\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-84897b6 elementor-widget elementor-widget-text-editor\" data-id=\"84897b6\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p>Sense Cloud B.V., with its registered office in Emmen and registered with the Chamber of Commerce under registration number 70010617, hereinafter referred to as \u201cSense Cloud\u201d, provides you with the \u201cClickker\u201d software. This software is provided to you via the internet on a Software-as-a-Service basis.<\/p><p>Use of Clickker is subject to the following terms of use. By using Clickker, you agree to these. Deviations from these terms and conditions are only binding if accepted by Sense Cloud in writing.<\/p><p>\u00a0<\/p><h3>ARTICLE 1. DEFINITIONS<\/h3><p>Capitalised terms used in the Terms of Use shall have the following meanings, unless a (different) meaning is assigned elsewhere in the Terms of Use.<br \/>1.1. Customer: the legal entity that purchases the software for its business.<br \/>1.2. User: Employees of the Customer, who use the software.<br \/>1.3. Terms of use: these terms and conditions.<br \/>1.4. Written: in these Terms of Use, Written also includes communication by e-mail, provided that the identity of the sender and the integrity of the message are sufficiently established.<\/p><h3>ARTICLE 2. ESTABLISHMENT<\/h3><p>2.1. By using the software, the Customer enters into an agreement with Sense Cloud.<br \/>2.2. The Terms of Use shall come into force upon commencement of use of the Clickker and shall remain in force for an indefinite period.<\/p><h3><span style=\"text-align: var(--text-align);\">ARTICLE 3. RIGHT OF USE<\/span><\/h3><p>3.1. Customer is free to use Clickker in any way it wishes within the limits of these Terms of Use.<br \/>3.2. Sense Cloud hereby grants Clickker Customer a revocable, non-exclusive, non-transferable, non-sublicensable right of use for the duration of the agreement to use Clickker in accordance with the Terms of Use.<br \/>3.3. In order to use Clickker, Customer must first register. After Customer's registration is completed, Customer will be given access to the main account. Customer can use the main account to create one sub-account per employee. The Customer is prohibited from creating accounts for non-employees, with the exception of secondees.<br \/>3.4. Both Customer and User must protect access to his\/her account by means of the user name and password from unauthorised persons. In particular, User must keep the password strictly confidential. Sense Cloud may assume that everything that happens from the account of the Customer and\/or User account, happens under the direction and supervision of the Customer. The Customer is therefore liable for all such actions.<\/p><h3>ARTICLE 4. MISUSE OF THE SERVICE<\/h3><p>4.1. The Customer and the User are prohibited from using Clickker to break the law or to infringe the rights of others. In particular, it is prohibited to use Clickker to store files in breach of relevant copyright legislation, or to grant anyone other than oneself access to the stored files. In the case of a business account, this prohibition does not apply to colleagues.<br \/>4.2. If Sense Cloud finds that the Customer or User is in breach of the above conditions, or receives a complaint in this regard, it shall issue a warning to the Customer. If this does not lead to an acceptable resolution, Sense Cloud may intervene itself to put an end to the breach. In urgent or serious cases, Sense Cloud may take action without prior warning.<br \/>4.3. If, in the opinion of Sense Cloud, there is any hindrance, damage or other danger to the functioning of the computer systems or the network of Sense Cloud or third parties and\/or to the provision of services via the Internet, in particular due to excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, Sense Cloud is entitled to take all measures it reasonably considers necessary to avert or prevent this danger.<br \/>4.4. Sense Cloud shall at all times be entitled to report any criminal offences found.<br \/>4.5. Sense Cloud may recover damages resulting from violations of these rules of conduct from the Customer. The Customer shall indemnify Sense Cloud against all claims by third parties relating to damage resulting from a breach of these rules of conduct.<\/p><h3>ARTICLE 5. INTELLECTUAL PROPERTY<\/h3><p>5.1. All rights to the Clickker, related documentation and all modifications and extensions thereto, are and shall remain with Sense Cloud or its suppliers. The Customer and User shall only acquire the user rights and powers arising from the purport of these Terms of Use or granted in writing and otherwise the Customer or User may not use, reproduce or disclose the Clickker.<br \/>5.2. Information stored or processed by Customer and\/or User through Clickker is and remains the property of Customer (or that of Customer's suppliers).<\/p><h3>ARTICLE 6. RESPONSE TIME AND RECOVERY TIME CORRECTIVE MAINTENANCE<\/h3><p>6.1. Personal data will be processed with the use of Clickker. These personal data will be processed in accordance with the processor agreement.<\/p><h3>ARTICLE 7. AVAILABILITY, MAINTENANCE AND UPDATES<\/h3><p>7.1. Sense Cloud shall make every reasonable effort to have Clickker available, but specific guarantees are only given if a separate Service Level Agreement is concluded with Sense Cloud. Unless otherwise provided in the Service Level Agreement, or if no Service Level Agreement has been agreed, the provisions in this article shall apply to maintenance, malfunctions and support.<br \/>7.2. Clickker communicates via the internet with a server managed by Sense Cloud to provide the service. Sense Cloud makes every effort to ensure that this server is available at all times, but makes no guarantees in this regard.<br \/>7.3. Sense Cloud has the right to temporarily put the Software or parts thereof out of operation for maintenance, adjustments or improvement thereof. Sense Cloud will try to have such taking out of operation take place outside office hours as much as possible and will endeavour to inform the User in time of any planned taking out of operation. However, Sense Cloud shall never be obliged to compensate any damage caused in connection with such taking out of service.<br \/>7.4. Sense Cloud may adjust the functionalities of the Clickker from time to time. In doing so, feedback and suggestions from the Customer and\/or User are welcome, but ultimately Sense Cloud itself decides which adjustments it makes or does not make.<\/p><h3>ARTICLE 8. COMPENSATION<\/h3><p>8.1. For the use of Clickker, Customer must pay a monthly fee. This fee consists of two parts. Customer pays a fee per month for the main account. On top of this is the monthly fee per type of User.<br \/>8.2. This fee shall always be paid in advance. Sense Cloud shall send an electronic invoice to the Customer for the amount due. The payment term for invoices is 14 days after the date of the invoice.<br \/>8.3. Payment can be made, by transferring the amount itself to Sense Cloud's bank account or by direct debit.<br \/>8.4. If the Customer fails to pay an invoice within the payment term or if the amounts due could not be debited from the Customer by direct debit, the Customer shall be in default without any notice of default being required. In that case, Sense Cloud shall be entitled to suspend the use of the Clickker.<br \/>8.5. In the event of late payment, in addition to the amount due and the interest accrued thereon, the Customer shall be obliged to pay in full both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.<br \/>8.6. The claim for payment shall become immediately due and payable if the Customer is declared bankrupt, applies for a moratorium on payments, or if a general attachment is levied on the Customer\u2019s assets, or if the Customer goes into liquidation or is wound up.<\/p><h3>ARTICLE 9. LIABILITY<\/h3><p>9.1. Sense Cloud\u2019s total liability, including liability arising from an attributable breach of the agreement or a tortious act, is limited to compensation for direct loss, except in cases of wilful misconduct or gross negligence, limited to the amount paid by the Customer for the three months preceding the date of the event giving rise to the damage, whereby a series of related events shall be deemed to constitute a single event. Sense Cloud\u2019s maximum liability is limited to \u20ac10,000 (in words: ten thousand euros) per year, regardless of the number of incidents.<br \/>9.2. Sense Cloud shall expressly not be liable for indirect damage, consequential damage, lost profits, missed savings and damage due to business interruption.<br \/>9.3. A condition for the creation of any right to compensation is that the Customer reports the damage to Sense Cloud in writing no later than two months after its discovery.<br \/>9.4. Sense Cloud indemnifies the Customer against claims by a third party who claims that the Clickker as such infringes the Intellectual Property Right of such third party or violates a licence granted thereunder.<\/p><h3>ARTICLE 10. FORCE MAJEURE<\/h3><p>10.1. In case of force majeure, Sense Cloud is never obliged to compensate any damage incurred by the Customer as a result. Force majeure includes disruptions or failures of the internet, telecommunications infrastructure, power failures, domestic disturbances, mobilisation, war, traffic congestion, strikes, lockouts, operational failures, supply stagnation, fire and flooding.<\/p><h3>ARTICLE 11. DURATION AND TERMINATION<\/h3><p>11.1. This agreement commences when the Customer first uses the Clickker and then runs for an indefinite period of time.<br \/>11.2. The Customer may cancel their use of Clickker by giving one month\u2019s notice. The Customer may also cancel the account of one or more Users on a monthly basis. Notice of cancellation must be given in writing.<br \/>11.3. Upon termination of the agreement (for whatever reason), the Customer\/User must cease and desist from any use of Clickker. The User must then remove all copies (including any backup copies) of Clickker from all his or her systems.<br \/>11.4. Upon termination of the agreement, the Customer may, upon request, receive a copy of the data currently available to the Customer via the service.<br \/>11.5. Sense Cloud is entitled to terminate the right of use with immediate effect and without obligation to pay compensation, if:<br \/>i. Customer has failed to fulfil its obligations and such failure has not been remedied within 14 days after Written notice of default;<br \/>ii. Customer is declared bankrupt;<br \/>iii. Customer has been granted suspension of payments;<br \/>iv. General attachment of the Customer's assets is made;<br \/>v. Customer goes into liquidation;<br \/>vi. The Customer\u2019s contract is terminated.<\/p><h3>ARTICLE 12. CONFIDENTIALITY<\/h3><p>12.1. The parties will keep confidential any information they provide to each other through the use of the Clickker where such information is marked as confidential or where the receiving party knows or should reasonably suspect that the information was intended to be confidential.<br \/>12.2. Sense Cloud shall not have access to any personal data that the Customer\/User stores and\/or disseminates via Clickker, unless this is necessary for the proper provision of the service or Sense Cloud is obliged to do so by law.<\/p><h3>ARTICLE 13. MODIFICATION OF TERMS OF USE<\/h3><p>13.1. These Terms of Use may be amended.<br \/>13.2. Sense Cloud will announce the amendments or additions at least (30) calendar days before they come into effect so that Customer\/User can take note of them.<br \/>13.3. If the Customer does not wish to accept an amendment or addition, the Customer may cancel the right of use until the date of entry into force. Use of the Software after the effective date shall constitute acceptance of the amended or supplemented conditions.<\/p><h3>ARTICLE 14. OTHER PROVISIONS<\/h3><p>14.1. Use and the agreement on which it is based are governed by Dutch law. To the extent not otherwise prescribed by the rules of mandatory law, all disputes relating to these Terms of Use shall be submitted to the competent Dutch court in Assen.<br \/>14.2. If any provision of these Terms of Use turns out to be invalid, this shall not affect the validity of the entire Terms of Use. In that case, the parties shall determine (a) new provision(s) to replace it(them), which will give shape to the intention of the original provision as much as legally possible.<br \/>14.3. Sense Cloud is entitled to transfer its rights and obligations under the Terms of Use to a third party that acquires the Clickker or the relevant business activity from it.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"<p>Sense Cloud B.V., gevestigd te Emmen en ingeschreven bij de Kamer van Koophandel onder dossiernummer 70010617, hierna \u00e2\u20ac\u0153Sense Cloud\u00e2\u20ac\u009d, biedt u de software \u00e2\u20ac\u0153Clickker\u00e2\u20ac\u009d. Deze software wordt u via internet bij wijze van Software-as-a-Service aangeboden. Aan het gebruik van Clickker zijn onderstaande gebruiksvoorwaarden verbonden. Door Clickker te gebruiken, gaat u hiermee akkoord. Afwijkingen van deze [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":8335,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1683","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/pages\/1683","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/comments?post=1683"}],"version-history":[{"count":46,"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/pages\/1683\/revisions"}],"predecessor-version":[{"id":9234,"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/pages\/1683\/revisions\/9234"}],"up":[{"embeddable":true,"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/pages\/8335"}],"wp:attachment":[{"href":"https:\/\/www.clickker.nl\/en\/wp-json\/wp\/v2\/media?parent=1683"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}