The service “ProCademy” is offered to you by the company esser-emmerik V.O.F via the Internet as a Software-as-a-Service. The following conditions apply to the use of ProCademy. By using ProCademy, you agree to this.
Deviations from these general terms and conditions are only binding if they are made by esser-emmerik V.O.F. have been accepted in writing.
Article 1. Use of the service
1.1 ProCademy is offered to you for automation purposes within your company through the tools offered via ProCademy. You decide how you use the tools and for which specific goals.
1.2 To use ProCademy, you must sign the application form and return it digitally or on paper to esser-emmerik V.O.F Follow the instructions on the site.
1.3 You must protect access to your account by means of the username and password for unauthorized persons. In particular, you must keep the password strictly confidential. esser-emmerik V.O.F. may assume that everything that happens from your account after registration with your username and password, is done under your direction and supervision. You are therefore liable for all these actions, unless you are at esser-emmerik V.O.F. has reported that someone else knows your password.
1.4 You process personal data with ProCademy. esser-emmerik V.O.F. acts as processor in the sense of the Personal Data Protection Act; you are the responsible. You indemnify esser-emmerik V.O.F. of all claims of those involved under this law.
Article 2. Usage rules
2.1 It is forbidden to use ProCademy for acts that are in conflict with Dutch or other applicable laws and regulations. This includes storing or distributing through the service of information that is libelous, slanderous or racist.
2.2 In particular, it is forbidden to use ProCademy in such a way as to cause nuisance or nuisance for other users. This includes the use of proprietary scripts or programs for uploading or downloading large amounts of data, or making frequent calls to the service.
2.3 If esser emmerik V.O.F. if you discover that you are violating the above conditions, or if you receive a complaint about this, it will warn you. If this does not lead to an acceptable solution, esser emmerik V.O.F. take action yourself to end the violation. In urgent or serious cases esser-emmerik V.O.F. to intervene without warning.
2.4 If, in the opinion of esser-emmerik V.O.F. nuisance, damage or other danger arises for the functioning of the computer systems or the network of esser-emmerik V.O.F. or third parties and / or services via the internet, in particular by excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, is esser-emmerik V.O.F. entitled to take all measures that it reasonably considers necessary to avert or prevent this danger.
2.5 esser-emmerik V.O.F. is entitled at any time to report any offenses established.
2.6 esser-emmerik V.O.F. can recover from you the damage resulting from violations of these rules of conduct. You indemnify esser-emmerik V.O.F. of all claims from third parties that relate to damage resulting from a violation of these user rules.
Article 3. Availability and maintenance
3.1 esser-emmerik V.O.F. endeavors to make the service available, but specific guarantees are only given if a separate service level agreement is concluded with esser-emmerik V.O.F..
3.2 esser-emmerik V.O.F. maintains ProCademy actively. If maintenance is expected to lead to a restriction of availability, esser-emmerik V.O.F. do this if the use of the service is relatively low. Maintenance is announced in advance if possible. Maintenance in connection with emergencies can take place at any time and is not announced in advance.
3.3 esser-emmerik V.O.F. may adjust the functionality of ProCademy from time to time. Your feedback and suggestions are welcome, but in the end esser-emmerik V.O.F. itself what adjustments it does or does not make.
Article 4. Intellectual property
4.1 The ProCademy service, the associated software and all information and images on the website are the intellectual property of esser-emmerik VOF, which may not be copied or used in any way without the separate written permission of esser-emmerik VOF, except in the cases in which this is legally permitted.
4.2 Information that you store or process via the service is and remains your property (or that of your suppliers). esser-emmerik V.O.F. has a limited right to use this information for the service, including for future aspects thereof. You can revoke this right of use by deleting the relevant information and / or terminating the agreement.
4.3 If you send information to esser-emmerik V.O.F., for example feedback about an error or suggestion for improvement, you give it an unlimited and perpetual user right to use this information for the service. This does not apply to information that you expressly mark as confidential.
4.4 esser-emmerik V.O.F. will not take note of data that you store and / or distribute via ProCademy, unless this is necessary for a good service or esser-emmerik V.O.F. required to do so under a legal provision or court order. In that case, esser emmerik V.O.F. endeavor to limit the knowledge of the data as much as possible, in so far as this is within his power.
Article 5. Fee for the service
5.1 The use of ProCademy is subject to a fee for the use of certain functionality. You will be informed of the costs in the functionalities concerned. The fee is payable quarterly and in advance.
5.2 Payment can be made by transferring the amount to the bank account of esser-emmerik V.O.F., or according to the payment instructions on the website.
5.3 Because the service is delivered immediately, and at your explicit request, it is not possible to cancel a payment by invoking the Distance Selling Act.
Article 6. Liability
6.1 Except in case of intent or gross negligence, the liability of esser-emmerik V.O.F. limited to the amount you paid in the three months prior to the time of the event causing the damage.
6.2 esser-emmerik V.O.F. is expressly not liable for indirect damage, consequential loss, lost profit, missed savings and damage due to business stagnation.
6.3 A condition for the existence of any right to compensation is that you must report the damage to esser-emmerik V.O.F. at the latest within two months after discovery. reports.
6.4 In case of force majeure, esser-emmerik V.O.F. never obliged to pay compensation for the damage caused to you. Force majeure includes interruption or failure of the Internet, the telecommunication infrastructure, power failures, domestic disturbances, mobilization, war, traffic jam, strike, exclusion, business disturbances, stagnation in supply, fire and flood.
Article 7. Duration and cancellation
7.1 This agreement comes into effect as soon as you use the service for the first time and then runs for one month.
7.2 After this period the agreement is tacitly extended with the same period. If you enter into the agreement as a consumer, you can terminate the agreement at any time with tacit renewal with a notice period of one month, calculated from the moment of termination. Business customers can always terminate at the end of the term referred to in paragraph 1 with a notice period of one month.
7.3 esser-emmerik V.O.F. can terminate the agreement if you have not logged in for eighteen months. In that case, she will first send a reminder e-mail with the e-mail address that is linked to your account.
7.4 Upon termination of the agreement you will receive a copy of the data that is currently available from you via the service.
Article 8. Changes to conditions
8.1 esser-emmerik V.O.F. may adjust these conditions as well as the prices with effect from a new payment period (as defined in 5.1).
8.2 esser-emmerik V.O.F. shall announce the changes or additions at least thirty days before entry into force through the service so that you can take note of them.
8.3 If you do not wish to accept a change or supplement, you can cancel the agreement up to the date of entry into force. Use of the service after the effective date counts as acceptance of the changed or supplemented conditions.
Article 9. Other provisions
9.1 Dutch law applies to this agreement.
9.2 Insofar as the rules of mandatory law do not prescribe otherwise, all disputes relating to ProCademy will be submitted to the competent Dutch court for the district in which esser-emmerik V.O.F. is established.
9.4 The version of communication or information as stored by esser-emmerik V.O.F. is deemed to be correct, unless you provide evidence to that effect.
9.6 esser-emmerik V.O.F. is entitled to transfer its rights and obligations under the agreement to a third party that takes over ProCademy or the relevant business activity from it.