Terms and conditions for GETSCOPE
Using GETSCOPE constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by the company GETSCOPE SOLUTIONS.
Article 1. Use of the service
1.1. The service GETSCOPE is offered for the purpose of office automation within your company, using the tools available from GETSCOPE. You choose yourself how to employ the tools and for which specific purposes.
1.2. To use GETSCOPE, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. GETSCOPE SOLUTIONS may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified GETSCOPE SOLUTIONS that someone else knows your password.
1.4. GETSCOPE allows you to process personal data. GETSCOPE SOLUTIONS acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless GETSCOPE SOLUTIONS against all claims by third parties in connection with this Act.
2.1. It is not permitted to use GETSCOPE for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. In particular it is not permitted to use GETSCOPE in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or the excessively often accessing the service.
2.3. Should GETSCOPE SOLUTIONS discover that you violate any of the above, or receive a complaint alleging the same, GETSCOPE SOLUTIONS will issue a warning. If the warning does not lead to an acceptable resolution, then GETSCOPE SOLUTIONS may intervene to end the violation. In urgent of serious cases GETSCOPE SOLUTIONS may intervene without warning.
2.4. If in the opinion of GETSCOPE SOLUTIONS the continued functioning of the computer systems or network of GETSCOPE SOLUTIONS or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, GETSCOPE SOLUTIONS may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. GETSCOPE SOLUTIONS is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Article 3. Availability and maintenance
3.1. GETSCOPE SOLUTIONS uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. GETSCOPE SOLUTIONS actively maintains GETSCOPE. In case maintenance is reasonably expected to negatively impact availability, GETSCOPE SOLUTIONS carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. GETSCOPE SOLUTIONS may from time to time adapt GETSCOPE. Your feedback and suggestions are welcome but ultimately GETSCOPE SOLUTIONS decides which adaptations to carry out (or not). GETSCOPE SOLUTIONS shall announce planned adaptations at least thirty days in advance.
Article 4. Intellectual property
4.1. The service GETSCOPE, the accompanying software as well as all information and images on the website is the intellectual property of GETSCOPE SOLUTIONS. None of these items may be copied or used without prior written permission of GETSCOPE SOLUTIONS., except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). GETSCOPE SOLUTIONS receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to GETSCOPE SOLUTIONS, for example a bug report or suggestion for improvement, you grant GETSCOPE SOLUTIONS a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. GETSCOPE SOLUTIONS shall refrain from accessing data you store or transfer using GETSCOPE, unless this is necessary for a good provision of the service or GETSCOPE SOLUTIONS is forced to do so by law or order of competent authority. In these cases GETSCOPE SOLUTIONS shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of certain functions of GETSCOPE is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.
5.2. Payment is possible via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of GETSCOPE SOLUTIONS shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. GETSCOPE SOLUTIONS in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to GETSCOPE SOLUTIONS at most two months after discovery.
6.4. In case of force majeure GETSCOPE SOLUTIONS is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a month.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of one month.
7.3. GETSCOPE SOLUTIONS is entitled to terminate the agreement if you have not used the service at all in the last 12 months. In such an event GETSCOPE SOLUTIONS shall first send a reminder mail to the e-mail address connected to your account.
7.4. Upon request and payment of an additional fee GETSCOPE SOLUTIONS may provide you with a copy of the data stored using the service. Contact us for options and costs.
Article 8. Changes to terms
8.1. GETSCOPE SOLUTIONS may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. GETSCOPE SOLUTIONS shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of GETSCOPE after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with GETSCOPE shall be brought before the competent Dutch court for the principal place of business of GETSCOPE SOLUTIONS.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the GETSCOPE service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by GETSCOPE SOLUTIONS shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. GETSCOPE SOLUTIONS is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of GETSCOPE or the associated business activities.
GETSCOPE SOLUTIONS – Amsterdam May 2018