These are the General Terms and Conditions of Koper.Cloud (hereinafter referred to as Koper.Cloud), a induvidual with address Overloop 19, Zeewolde.
Unless the General Terms and Conditions expressly provide otherwise, when interpreting the General Terms and Conditions, the singular shall be deemed to include the plural and vice versa, and a reference to a masculine form shall be deemed to include a reference to a feminine form and vice versa.
These General Terms and Conditions apply to every offer, quotation and Agreement concluded between Koper.Cloud and the Other Party, unless the parties have expressly deviated from these General Terms and Conditions in writing.
These General Terms and Conditions also apply to agreements with Koper.Cloud, for the execution of which third parties must be involved.
The applicability of general terms and conditions of the Counterparty is expressly rejected.
Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing between the parties.
All quotations and/or offers that are not explicitly stated otherwise shall be considered a non-binding offer and may be revoked at any time, even if they contain a term for acceptance. Offers/quotations may also be revoked in writing by Koper.Cloud within seven days of receipt of acceptance, in which case no agreement will have been concluded between the parties.
All quotations and/or offers from Koper.Cloud are valid for 5 weeks, unless stated otherwise.
Koper.Cloud cannot be held to its quotations and/or offers if the Other Party, based on reasonableness and fairness and generally accepted views in society, should have understood that the quotation and/or offer or a part thereof contained an obvious error or mistake.
If the acceptance, whether or not on minor points, deviates from the offer included in the quotation and/or offer, Koper.Cloud is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Koper.Cloud indicates otherwise.
The Agreement is concluded by acceptance by the Other Party of the quotation and/or offer from Koper.Cloud.
Quotations and/or offers can only be accepted in writing (including electronically). Koper.Cloud is nevertheless entitled to accept an oral acceptance as if it had been made in writing.
An Agreement between the parties is concluded at the moment that an order confirmation has been signed by both the Counterparty and Koper.Cloud, or at the moment that Koper.Cloud actually starts the execution.
The Agreement supersedes and replaces all prior proposals, correspondence, agreements or other communications, whether written or oral.
The Agreement will be executed by Koper.Cloud to the best of its knowledge and ability, in accordance with the requirements of good workmanship. The application of Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
Koper.Cloud determines the manner in which and by which person(s) the Assignment is carried out. Koper.Cloud is entitled to have certain activities carried out by third parties.
Koper.Cloud is entitled to execute the Agreement in phases. If the Agreement is executed in phases, Koper.Cloud is entitled to invoice each executed part separately. If and as long as this invoice is not paid by the Other Party, Koper.Cloud is not obliged to execute the next phase and is entitled to suspend the Agreement.
If during the execution of the Agreement it appears that it is necessary to change or supplement the Agreement for a proper execution, Koper.Cloud will inform the Other Party of this as soon as possible. The Parties will then proceed to change the Agreement in a timely manner and in mutual consultation.
If the parties agree that the Agreement will be amended/supplemented, the time of completion of the execution may be affected. Koper.Cloud will inform the Other Party of this as soon as possible.
If the amendment or addition to the Agreement will have financial, quantitative and/or qualitative consequences, Koper.Cloud will inform the Other Party about this in advance.
If a fixed rate or fixed price has been agreed, Koper.Cloud will indicate to what extent the change/addition to the Agreement affects the rate/price. In this case, Koper.Cloud will try to provide a price quote in advance - as far as possible.
Koper.Cloud will not be able to charge additional costs if the change/addition is the result of circumstances that can be attributed to Koper.Cloud.
Amendments to the original Agreement concluded between the parties shall only be valid from the moment that these amendments have been accepted by both parties by means of a supplementary or amended Agreement.
The Counterparty shall ensure that all data, instructions, materials and/or equipment that Koper.Cloud indicates are necessary or that the Counterparty reasonably should understand are necessary for the performance of the Agreement, are available in a timely manner. The Counterparty shall also grant Koper.Cloud access and all powers and authorizations that are necessary to properly perform the Order.
The Counterparty is responsible for (the use of) the equipment and software in its organization, as well as for the control and security procedures and adequate system management.
If it has been agreed that the Other Party will make software, materials or data available on information carriers, these will comply with the specifications necessary for carrying out the work.
Koper.Cloud is not liable for damage of any nature whatsoever, because Koper.Cloud has assumed incorrect and/or incomplete information provided by the Other Party, unless this incorrectness or incompleteness should have been apparent to Koper.Cloud.
If the materials provided by the Counterparty are protected by intellectual property, the Counterparty guarantees that it has the required licenses.
The Counterparty must refrain from conduct that makes it impossible for Koper.Cloud to properly execute the Order.
If Koper.Cloud or third parties engaged by Koper.Cloud perform work on the premises of the Other Party or a location designated by the Other Party in the context of the Assignment, the Other Party shall provide the reasonably desired facilities free of charge.
If the Counterparty has not fulfilled its obligations as set out in this article, Koper.Cloud has the right to suspend the performance of the Agreement and/or charge the Counterparty for the additional costs resulting from the delay at the usual price or rates.
If agreed, Koper.Cloud will install or have installed the equipment.
In all cases, the Counterparty will provide a suitable installation location with all necessary facilities, such as cabling and telecommunications facilities, upon delivery of the equipment. If desired, Koper.Cloud will provide the Counterparty with a quotation regarding the installation of these facilities.
The Counterparty will grant Koper.Cloud access to the installation site for the purpose of carrying out the necessary work.
Testing and checking of the Product is the joint responsibility of Koper.Cloud and the Counterparty. After testing, checking and approval by the Counterparty, the Product will be delivered.
The Counterparty must check the Product at the time of delivery and provide feedback. The number of feedback rounds included in the price or rate is two rounds. No additional costs will be charged for this.
If the Counterparty provides any feedback after this, this will be considered additional work.
Koper.Cloud does not have all its own hosting available. Koper.Cloud uses a third party for hosting. Koper.Cloud acts for some services as a reseller here.
The hosting provider provides a guarantee for the hosting. Koper.Cloud does not provide a guarantee for the hosting.
Koper.Cloud is in no way liable and responsible for damage caused by shortcomings of third parties engaged by Koper.Cloud.
Koper.Cloud is never liable for damage caused by failure, malfunctions, decommissioning, loss of data at the hosting provider and third parties engaged by Koper.Cloud, regardless of the cause.
If the Counterparty exceeds the data traffic limit, Koper.Cloud has the right to charge an amount for this.
Koper.Cloud is not responsible for the content and information of the website, application or other material and/or accounts of the Counterparty.
Koper.Cloud has the right to deactivate and/or remove the website, application or other material and/or accounts if the content:
Koper.Cloud is never liable for damage caused by the website, application or other material and/or accounts of the Other Party containing unlawful content, unless Koper.Cloud was aware of this content.
The Counterparty shall not place any malware and/or viruses on its website, application or other material and/or accounts that may cause damage.
If the Counterparty has placed malware and/or viruses on its website, application or other material and/or accounts, the malware and/or virus will be removed immediately.
If the Counterparty repeatedly intentionally places malware and/or viruses on its website, application or other material and/or accounts, Koper.Cloud has the right to terminate the Agreement and disable the item containing the malware and/or virus.
The applicable rules and procedures of the relevant registration authorities apply to the application and use of the domain name of the Counterparty. The registration authorities are responsible for the application of the domain name. Koper.Cloud is not responsible for honoring the application of the domain name.
The domain registration is done in the name and under the responsibility of the Counterparty.
The domain registration is per calendar year and cannot be changed. Changing the domain registration is considered a new domain registration.
Koper.Cloud is never liable and responsible for any damage resulting from the content and use of the domain and the domain name.
The Products that are the subject of the Agreement shall be at the expense and risk of Koper.Cloud until the time at which the Products are placed in the possession of the Other Party as Consumer.
The risk of loss, damage or depreciation of Products that are the subject of the Agreement shall pass to the Counterparty as Consumer at the time when the Products are brought into the possession of the Counterparty or a third party designated by the Counterparty.
The Products that are the subject of the Agreement shall be at the expense and risk of Koper.Cloud as a Company until the time at which the Products are made available to the Other Party.
The risk of loss, damage or depreciation of Products that are the subject of the Agreement shall pass to the Counterparty as a Company at the time when the Products are made available to the Counterparty or a third party designated by the Counterparty.
Unless expressly agreed otherwise in writing, the prices and rates stated by Koper.Cloud are always exclusive of VAT.
The prices and rates are exclusive of shipping, travel, accommodation and other expenses, unless otherwise agreed.
If no rate has been expressly agreed, the rate will be determined on the basis of the hours actually spent and the usual rates of Koper.Cloud.
Koper.Cloud will inform the Other Party in good time before concluding the Agreement of all additional costs or provide information on the basis of which these costs can be charged to the Other Party.
If Koper.Cloud agrees on a fixed price or fixed rate when concluding the Agreement, Koper.Cloud is entitled to increase this, even if the price or rate was not originally given subject to reservation.
In the event that Koper.Cloud intends to change the price or rate, it will inform the Other Party of this as soon as possible.
If the increase in price or rate takes place within three months after the conclusion of the Agreement, the Other Party may terminate the Agreement by a written statement, unless:
Payment shall be made by any of the payment methodes designated by Koper.Cloud, unless otherwise agreed.
Koper.Cloud will send an invoice for the amounts owed by the Counterparty. The payment term of each invoice is 14 days after the date of the relevant invoice, unless otherwise stated on the invoice or otherwise agreed.
Invoicing takes place monthly, unless otherwise agreed.
Hosting must always be paid in advance for a period of one year, unless agreed otherwise.
The invoice for domain name registration must be paid before the domain name registration.
Koper.Cloud and the Counterparty may agree that payment will be made in installments in proportion to the progress of the work. If payment in installments has been agreed, the Counterparty must pay according to the terms and percentages as set out in the Agreement.
Unless otherwise agreed, a deposit of 40% of the total costs must be paid after the initial setup of the website. The website will initially be placed on a temporary location on the internet. After the website is ready, the remaining amount will be invoiced. After receipt of the amount, the website will be placed on the final location on the internet.
Objections to the amount of the invoice do not suspend the Other Party's payment obligation.
The Counterparty is not entitled to deduct any amount from the amount due on account of a counterclaim asserted by it.
In the event of non-payment or late payment, the Counterparty shall be in default by operation of law without notice of default. The Counterparty shall then owe the statutory (commercial) interest from the date on which payment became due until the date of full payment, whereby interest for a part of a month shall be calculated over a whole month.
Any payment made by the Counterparty shall first be applied to all interest and costs due and finally to the oldest outstanding invoices, even if the Counterparty states that the payment relates to later invoices.
If the Counterparty is in default or in breach of its obligations (in a timely manner), all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Counterparty.
With regard to extrajudicial (collection) costs, Koper.Cloud, insofar as the Counterparty acts in the capacity of a Company, is entitled to compensation of 15% of the total outstanding principal sum with a minimum of €40 for each invoice that has not been paid in full or in part.
With regard to extrajudicial (collection) costs, Koper.Cloud, insofar as the Counterparty acts in the capacity of Consumer, is entitled to the statutory maximum permitted compensation, as determined in the Decree on compensation for extrajudicial (collection) costs.
To the extent that the Counterparty acts in the capacity of Consumer, Koper.Cloud will only be entitled to compensation for the extrajudicial (collection) costs after Koper.Cloud has sent the Counterparty a reminder after the default has occurred to pay the outstanding invoice or invoices within 14 days.
In the event of bankruptcy, suspension of payments, liquidation, general seizure of assets, death or guardianship, the claims of Koper.Cloud and the obligations of the Other Party towards Koper.Cloud shall be immediately due and payable.
Any reasonable legal costs and enforcement costs incurred shall also be borne by the Other Party.
This provision only applies to the Counterparty in its capacity as Consumer.
In the case of a distance purchase, delivery must take place within thirty days at the latest.
In the event of a Distance Purchase, Koper.Cloud has the right to oblige the Other Party to make an advance payment of up to 50 percent of the price.
In the event of a Distance Purchase, the Counterparty has the right to revoke the Agreement within fourteen calendar days after receipt of the Products delivered by Koper.Cloud, without giving any reason.
In the event of a Distance Purchase, the Counterparty has the right to revoke the Agreement after thirty calendar days, if Koper.Cloud has not delivered the Product within thirty calendar days, unless the parties have agreed on a different delivery period.
If Koper.Cloud has not fulfilled its information obligation or has not provided data in the correct form, the Other Party has the right to terminate the Agreement within three months after receipt of the Products delivered by Koper.Cloud or after conclusion of the Agreement, without stating reasons. If Koper.Cloud still fulfils the information obligation within those three months, the term of fourteen calendar days will commence on the day after it has still fulfilled that obligation.
The Counterparty may revoke the Agreement via the standard revocation form placed by Koper.Cloud on the website or in a manner chosen by the Counterparty.
If the Counterparty returns the delivered Products, the Counterparty must return the Products in proper packaging, with all delivered accessories and in their original condition. The shipping costs of the return are at the risk and expense of the Counterparty.
This provision only applies to the Counterparty in its capacity as Consumer.
In the event of Remote Services, Koper.Cloud has the right to oblige the Other Party to make an advance payment of up to 50 percent of the price.
In the event of Remote Services, the Counterparty has the right to revoke the Agreement within fourteen calendar days after the conclusion of the Agreement, without giving any reason.
The Counterparty may revoke the Agreement via the standard revocation form placed by Koper.Cloud on the website or in a manner chosen by the Counterparty.
The right of withdrawal shall lapse at the moment that the Service has been fully performed. In addition, the right of withdrawal shall lapse if Koper.Cloud has started performing the Service with the express prior consent of the Other Party and if the Other Party has acknowledged that he loses his right of withdrawal once Koper.Cloud has fully performed the Service.
If the Counterparty has exercised its right of withdrawal, Koper.Cloud will refund the full amount paid, including the shipping costs paid, no later than fourteen calendar days after the termination of the Agreement.
The foregoing in this article shall not apply if the Agreement relates to:
Ownership of the Products delivered by Koper.Cloud to the Counterparty will only be transferred to the Counterparty if the Counterparty has properly fulfilled all obligations and has paid all that it owes under the Agreement.
The amount owed also includes compensation for all costs and interest (including for previous and subsequent deliveries), as well as claims for damages due to failure to comply.
As long as ownership of the delivered goods has not been transferred to the Counterparty, the Counterparty may not resell, pledge or otherwise encumber that which is subject to the retention of title, except if the Counterparty acts as a Company within the normal exercise of its business.
The Counterparty must examine the delivered Product at the time of delivery, but in any case within 7 days after delivery, to determine whether the delivered Product complies with the Agreement or at least meets the requirements that apply to it in normal commercial transactions.
The Counterparty must examine the Service at the time of performance, but in any case within 7 days after performance, to determine whether the Service provided complies with the Agreement.
Visible defects and shortages must be reported to Koper.Cloud in writing within 7 days after delivery of the Product. The defective
Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
Complaints must be reported to Koper.Cloud in writing within 7 days after the Service has been performed.
Non-visible defects and shortages in a Product must be reported to Koper.Cloud within 7 days of discovery. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
The right to (partial) refund of the price, repair or replacement or compensation shall lapse if defects are not reported within the specified period, unless a longer period arises from the nature of the Product and/or Service or from the circumstances of the case.
Koper.Cloud guarantees that the delivered Products comply with the Agreement. Koper.Cloud also guarantees that the delivered Products meet the usual requirements and standards that can reasonably be set for them and that the Products possess the properties that, all circumstances considered, are necessary for normal use.
Koper.Cloud guarantees that the Services provided comply with the Agreement and are performed with good workmanship and using sound materials.
The warranty stated in these General Terms and Conditions applies to use within and outside the Netherlands.
If the delivered Product has been produced by a third party, the warranty provided by this third party applies, unless otherwise stated.
If the delivered Product and/or the Service performed does not comply with the warranty, Koper.Cloud will, after the Other Party has notified this, proceed to replacement or repair free of charge within a reasonable period of time.
If the warranty period has expired, all costs for repair or replacement (including administration, shipping and call-out costs) will be borne by the Other Party.
Any form of guarantee shall lapse if a defect has arisen as a result of unskilled use or lack of care, or if it is a result of changes made to the delivered goods by the Other Party or third parties. Nor is Koper.Cloud liable for any damage that may arise as a result of these defects.
The warranty also lapses if the defect is caused by or is the result of circumstances beyond the control of Koper.Cloud. These circumstances include weather conditions.
If a term has been agreed or specified for delivery, this term is only indicative and should never be regarded as a fatal term, unless expressly agreed in writing.
Koper.Cloud is not liable in the event of consequences that are harmful to the Counterparty due to exceeding delivery times, unless there is intent or gross negligence on the part of Koper.Cloud.
If Koper.Cloud requires data, materials or instructions from the Counterparty that are necessary for the delivery, the delivery time commences after the Counterparty has provided these to Koper.Cloud.
For the agreed delivery periods, it does not apply that Koper.Cloud is legally in default after the expiry thereof. For this, a further written notice of default is required each time, whereby Koper.Cloud will be granted a period of at least 14 days to fulfil its obligations.
A notice of default is not required if delivery has become permanently impossible or it has otherwise become apparent that Koper.Cloud will not fulfil its obligations under the Agreement. If Koper.Cloud does not deliver within this period, the Other Party has the right to terminate the Agreement in accordance with Article 265 Book 6 of the Dutch Civil Code.
After delivery and acceptance by the Counterparty, the Counterparty can conclude a maintenance and/or hosting agreement. Koper.Cloud will apply separate prices and/or rates for this.
Both the Counterparty and Koper.Cloud have the right to terminate the maintenance and/or hosting agreement. The maintenance and/or hosting agreement can be terminated annually with a notice period of 1 month and must be done in writing.
The costs associated with such an agreement must always be paid one year in advance.
A shortcoming cannot be attributed to Koper.Cloud or the Counterparty, as the shortcoming is not due to their fault, nor is it their responsibility under law, legal act or generally accepted views. In this case, the parties are also not obliged to fulfil the obligations arising from the Agreement.
In the General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this area in law and case law, all external causes, foreseen or unforeseen, over which Koper.Cloud has no influence and which prevent Koper.Cloud from fulfilling its obligations.
Force majeure on the part of Koper.Cloud shall in any case be understood to mean:
If the Agreement is terminated, Koper.Cloud's claims against the Other Party shall be immediately due and payable. If Koper.Cloud suspends compliance with its obligations, it shall retain its claims under the law and the Agreement. Koper.Cloud shall always retain the right to claim damages.
If Koper.Cloud has made items available to the Counterparty in the performance of the Agreement, the Counterparty is obliged to return these items within 14 days in their original condition, free of defects and complete. If the Counterparty fails to comply with this obligation, all costs arising from this will be for its account.
If the Counterparty, for whatever reason, after a reminder to that effect, still fails to comply with the obligation referred to in paragraph 1 of this article, Koper.Cloud shall have the right to recover the resulting damage and costs, including replacement costs, from the Counterparty.
Koper.Cloud is only liable for direct damage caused by gross negligence or intent of Koper.Cloud, and not for more than the amount that the insurer pays to Koper.Cloud or up to a maximum of once the amount stated on the invoice.
Direct damage is understood to mean exclusively:
Koper.Cloud shall never be liable for indirect damage, including consequential damage, lost profit, missed savings, damage due to business stagnation, damage resulting from the provision of inadequate cooperation and/or information from the Other Party, damage due to non-binding information or advice provided by Koper.Cloud, the content of which does not expressly form part of the Agreement and all damage that does not fall under direct damage within the meaning of these general terms and conditions.
Koper.Cloud shall never be liable for errors in the material provided by the Counterparty or for misunderstandings or errors regarding the performance of the Agreement if these are caused by actions of the Counterparty, such as the failure to provide complete, sound and clear data/materials on time or not at all.
Koper.Cloud is never liable for errors if the Counterparty has previously given its approval or has been given the opportunity to carry out an inspection and has indicated that it does not require such an inspection.
The limitations of liability set out in this article are also stipulated for the benefit of third parties engaged by Koper.Cloud for the performance of the Agreement, and Koper.Cloud shall never be liable for damage caused by shortcomings of these third parties.
Koper.Cloud is not liable for damage to or loss of documents during transport or during dispatch by post, regardless of whether the transport or dispatch is carried out by or on behalf of Koper.Cloud, the Other Party or third parties.
Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of the Agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.
If, on the basis of a statutory provision or a court ruling, Koper.Cloud is obliged to provide confidential information to third parties designated by law or the competent court, and Koper.Cloud cannot invoke a statutory right of refusal or a right of refusal recognised or permitted by the competent court, Koper.Cloud is not obliged to pay damages or compensation and the Other Party is not entitled to terminate the Agreement on the grounds of any damage resulting from this.
Notwithstanding the foregoing, Koper.Cloud is authorized to include the name of the Counterparty on a list of relations, which is published on the website or via other expressions to third parties, unless otherwise agreed.
The Counterparty shall indemnify Koper.Cloud to the extent permitted by law against liability towards one or more third parties arising from and/or related to the performance of the Agreement, regardless of whether the damage was caused or inflicted by Koper.Cloud or by its auxiliary person(s), auxiliary materials or delivered Products or Services.
In addition, the Counterparty indemnifies Koper.Cloud, to the extent permitted by law, against all claims by third parties in connection with any infringement of intellectual property rights of these third parties.
The Counterparty is always obliged to make every effort to limit the damage.
All intellectual property rights to all products, materials, analyses, designs, sketches, software, equipment, documentation, advice, reports, (electronic) information and preparatory material thereof (collectively the “IP Material”) developed or made available in the context of the performance of the Agreement, shall rest exclusively with Koper.Cloud or its licensors.
The Counterparty shall only acquire any rights and powers with respect to the IP Material that arise from the Agreement and/or that are expressly granted in writing.
The Counterparty has a duty of confidentiality and is obliged to treat confidentially with regard to IP Material made available, as this contains confidential information and trade secrets of Koper.Cloud or its licensors.
The Counterparty is not permitted to transfer any acquired right or authority with respect to the IP Material to third parties without the prior written consent of Koper.Cloud.
The Counterparty is not permitted to remove or change any indication regarding intellectual property rights such as copyrights, trademark rights or trade names from the IE Material, unless otherwise agreed.
Subject to the General Terms and Conditions, the Counterparty is entitled to correct errors in the delivered IP material, if this is necessary for the intended use thereof resulting from the nature of the IP material. Errors are understood to mean failure to comply with the functional specifications made known in writing by Koper.Cloud and, in the case of custom software, with the expressly agreed functional specifications. An error only exists if it can be demonstrated and reproduced. The Counterparty is obliged to notify Koper.Cloud of errors without delay.
Koper.Cloud is permitted to take technical measures to protect the IE Material. If Koper.Cloud has secured the IE Material by means of technical protection, the Counterparty is not permitted to remove or circumvent this protection.
Any exploitation, reproduction, use or disclosure by the Counterparty of the IE Material that falls outside the scope of the Agreement or the rights and powers granted, shall be considered a violation of the intellectual property rights of Koper.Cloud.
The Counterparty shall pay an immediately due and non-judicially mitigatable fine of €250 per infringing act to Koper.Cloud for such a breach, without prejudice to the right of Koper.Cloud to be compensated for its damages resulting from the breach or to take other legal measures to end the breach.
There will be no infringement of intellectual property rights if the Counterparty has received express written permission from Koper.Cloud for the exploitation, reproduction, use or publication of the IE Material that falls outside the scope of the Agreement or granted rights and powers.
Koper.Cloud will ensure backup copies of e-mails, websites and databases unless expressly stated otherwise on the websites of Koper.Cloud and/or otherwise agreed. However, Koper.Cloud will not bear any responsibility for any loss of data and the resulting damage. However, the backup copies are for your own preservation. The Counterparty must also safeguard important information itself.
All IE Material developed by Koper.Cloud for the performance of the Agreement may be used by Koper.Cloud for its own promotional purposes, unless otherwise agreed with the Other Party.
Koper.Cloud respects the privacy of the Counterparty. Koper.Cloud treats and processes all personal data provided to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The Counterparty agrees to this processing. Koper.Cloud uses appropriate security measures to protect the personal data of the Counterparty.
Koper.Cloud uses the personal data of the Counterparty exclusively in the context of the execution of the Agreement or the handling of a complaint.
For more information about privacy, please refer to the Koper.Cloud website.
In deviation from the statutory limitation periods, a limitation period of one year applies to all claims and/or powers that the Counterparty has against Koper.Cloud and/or against third parties engaged by Koper.Cloud, from the moment at which a fact occurs that allows the Counterparty to exercise these rights and/or powers against Koper.Cloud and/or third parties engaged by Koper.Cloud.
The Counterparty is not permitted to transfer any rights and obligations arising from the Agreement to third parties without the written permission of Koper.Cloud.
Koper.Cloud is entitled to attach conditions to this permission.
The provisions of the General Terms and Conditions and the Agreement which are expressly or by their nature intended to remain in force after termination of this Agreement shall remain in force thereafter and shall continue to bind both parties.
Any deviations from these General Terms and Conditions may only be agreed in writing. No rights may be derived from such deviations with regard to legal relationships entered into later.
The administration of Koper.Cloud shall, subject to proof to the contrary, serve as evidence of the requests made by the Counterparty. The Counterparty acknowledges that electronic communication may serve as evidence.
If and to the extent that any provision of the General Terms and Conditions and the Agreement is declared null and void or is annulled, the other provisions of these General Terms and Conditions and the Agreement will remain in full force. Koper.Cloud will then establish a new provision to replace the null and void/annulled provision, whereby the purport of the null and void/annulled provision will be taken into account as much as possible.
The place of performance of the Agreement is deemed to be the place where Koper.Cloud is established.
All Agreements, the General Terms and Conditions, and all non-contractual rights and obligations arising therefrom, shall be governed in all respects by Dutch law.
All disputes between Koper.Cloud and the Counterparty, which may arise as a result of an Agreement and/or the General Terms and Conditions, or of agreements resulting therefrom, will in the first instance be settled by the competent judge of the Flevoland District Court.
Koper.CloudThis is the Privacy Policy of Koper.Cloud (hereinafter referred to as “Koper.Cloud”, “WE”, “US” or “OUR”), a induvidual with address Overloop 19 in Zeewolde. This Privacy Policy explains how we collect, use, share and protect data in relation to our services. We collect this data when you use our services. We process personal data in a manner that is consistent with the General Data Protection Regulation (the “GDPR”), the implementing legislation based on the GDPR and other currently applicable privacy legislation.
Our Privacy Policy applies to everyone who uses our services. By using our services, you understand and agree to the collection and use of information in accordance with this privacy policy.
We collect personal data that you provide to us. This may include the following data: We collect standard cookie data via our website(s). See also the privacy policy for our website.
By using our services, you leave certain data with us, for example by creating an account. This may involve data such as name, email address, telephone number and payment details. Koper.Cloud collects and processes this data to make our services accessible. We also collect information about your computer (such as IP address and browser type), so that we can improve our services. The personal data will not be provided to third parties, unless Koper.Cloud is required to do so by law or regulation. We use all information we collect to: Necessary for the performance of an agreement.
We will not rent or sell your (personal) data to third parties unless you give permission or to comply with a legal obligation.
We may access, preserve and/or share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. We may also access, preserve and/or share your information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or governmental investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Koper.Cloud has taken appropriate technical and organizational measures to protect your data against any form of unlawful processing.
In accordance with the GDPR and other relevant legislation, Koper.Cloud does not retain personal data for longer than is necessary for the realization of the purposes for which they are collected or processed. If you would like more information about how long your specific personal data is retained, you can contact avg@koper.cloud. Right of access, corrections, right to object and right to data portability
If you wish to view your personal data, change or delete your data or if you wish to have your personal data transferred in whole or in part to you or to a third party, you can contact Koper.Cloud by sending an e-mail to avg@koper.cloud or send a letter to:
If you object to the way in which we handle your data, you can file a complaint with the Dutch Data Protection Authority. Changes Koper.Cloud may amend or update this Privacy Policy from time to time. You are therefore advised to consult this Privacy Policy regularly. Amendments to this Privacy Policy will take effect at the moment they are published on our website. Contact If you have any questions about this Privacy Policy, you can contact Koper.Cloud by sending an e-mail to avg@koper.cloud.
If you object to the way in which we handle your data, you can file a complaint with the Dutch Data Protection Authority.
Koper.Cloud may modify or update this Privacy Policy from time to time. You are therefore advised to consult this Privacy Policy regularly. Modifications to this Privacy Policy will take effect at the moment they are published on our website.
If you have any questions about this Privacy Policy, you can contact Koper.Cloud by sending an email to avg@koper.cloud.