Terms and Conditions

THENEXTSOFTWARE

Who are we?

We are TheNextSoftware B.V. (TheNextSoftware). Our address is Vijzelstraat 68, 1017 HL Amsterdam. We are registered with the Chamber of Commerce under number 58961097.

What do we do?

We provide you access to our software that allows you to keep track of your cash book online (Kassatellen.nl).

What do you read here?

These are our general terms and conditions (Terms). We will send you these Terms free of charge at your request. You can also find these Terms at https://www.kassatellen.nl/ (the Website). Our Privacy Policy is also available on our Website. Please take the time to read these carefully, as they contain important information about how we collect and use your data. When we refer to you in these Terms, we mean you as a User of Kassatellen.nl.

Questions?

If you have any questions about these Terms or Kassatellen.nl, please do not hesitate to contact us by emailing info@thenextsoftware.io.

1. Applicability of Terms

1.1 These Terms apply to any offer and agreement we enter into with you and to any use of Kassatellen.nl.

1.2 We reserve the right to change the Terms at any time. You agree that the most recent version of these general terms and conditions will always apply.

1.3 Agreements that deviate from these Terms only apply if they have been agreed upon in writing (including by email) by us.

2. Kassatellen.nl

2.1 TheNextSoftware offers you Kassatellen.nl, which allows you to keep track of your cash book online.

2.2 Any company that uses our Software is referred to as a User or collectively as Users.

2.3 We only offer Kassatellen.nl to business Users.

3. Subscriptions and Termination

3.1 Before using Kassatellen.nl, you enter into an agreement (Subscription) with us. More information about our Subscriptions can be found on our Website.

3.2 The duration of the Subscription (Subscription Period) is agreed upon during the registration process. The Subscription starts from the date agreed upon during the registration process (Start Date).

3.3 Your Subscription will be automatically renewed after 1 month, for a period of 1 month.

3.4 You can terminate your Subscription before the end of the Subscription Period. Termination can be done by deleting your account. More about this in article 6.5.

4. Price

4.1 All prices communicated by us are exclusive of VAT.

4.2 We may adjust our prices and rates from time to time. The price change will take effect no earlier than 30 days after its announcement.

4.3 If you do not agree with the price change, you can terminate your Subscription within 30 days. The Subscription will then end on or before the date the price change takes effect.

5. Payment and Collection Costs

5.1 You must provide us with a valid IBAN registered in the name of your company for the use of Kassatellen.nl. We will debit the amount for the use of Kassatellen.nl from the IBAN you provided on a monthly basis around the day your Subscription started.

5.2 If you do not fulfill your payment obligation on time, we will first send a payment reminder. If the payment is not made within the specified payment term, you will be in default. In that case, you will owe the statutory commercial interest on the outstanding amount. The interest on the payable amount will be calculated from the moment you are in default until the moment you pay the full amount owed.

5.3 If you are in default, we have the right to (temporarily) block your account until you fulfill your payment obligation again. 5.4 If you are in default, you will also owe us all extrajudicial collection costs. For an outstanding amount up to EUR 267, these costs will be EUR 40. For a higher amount, the collection costs will be calculated based on the outstanding amount.

6. Use of Kassatellen.nl

6.1 If you want to use Kassatellen.nl, you must create an account on our Website.

6.2 You are responsible for choosing the right identification means, such as your email address, and for choosing a strong password.

6.3 You may only create a personal account for yourself. You may not grant others access to (a backup copy of) Kassatellen.nl.

6.4 You must keep your account details and password strictly confidential. You are liable for all actions taken after logging in with your account details.

6.5 You can delete your account in your account settings. Terminating your account does not in any way terminate or suspend your payment obligations to us.

6.6 To use Kassatellen.nl, you need a good internet connection. You are responsible for the technical operation and maintenance of your internet connection, internal network, and all other IT systems.

7. Availability and Maintenance of Kassatellen.nl

7.1 We will ensure that you can use Kassatellen.nl for as long as you have a Subscription with us. We will make every effort to make Kassatellen.nl available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of Kassatellen.nl.

7.2 During maintenance, Kassatellen.nl may not be available. Maintenance will generally not take place during office hours (09:00 - 17:00).

7.3 We reserve the right to change Kassatellen.nl and to modify, remove, or add certain features or functionalities of Kassatellen.nl.

7.4 We do not guarantee that the operation of Kassatellen.nl is error-free. Notify us immediately if Kassatellen.nl has a malfunction, such as an error message or the failure of a functionality of Kassatellen.nl. You can do this by contacting us at: info@thenextsoftware.io. We will then do our best to resolve the malfunction as quickly as possible.

8. Exclusion

8.1 We reserve the right to terminate the Subscription and exclude you from any further use of Kassatellen.nl if there are valid reasons to do so, including but not limited to blocking and/or deleting your account, without being obliged to refund any amounts already collected or pay any compensation. This is the case if:

8.1.a you act in violation of applicable laws and regulations or these Terms;

8.1.b you do not fulfill your payment obligations under the Subscription;

8.1.c you use Kassatellen.nl for a purpose for which it is clearly not intended.

9. Third Parties

We may have work performed (partially) by third parties if we find this necessary for the proper execution of the Subscription. Articles 7:404 BW (execution by a specific person), article 7:407 paragraph 2 (joint liability), and 7:409 BW (death of a specific person) do not apply.

10. Force Majeure

10.1 We are not liable if we cannot fulfill the Subscription with you due to force majeure. This includes, for example, a non-attributable shortcoming of third parties used by TheNextSoftware B.V., hacks, and internet disruptions. This also applies if you cannot fulfill the Subscription due to force majeure.

10.2 If the force majeure lasts longer than 30 days, you can terminate your Subscription in writing. In that case, there is no right to compensation.

11. Intellectual Property Rights

11.1 We (or our licensors or suppliers) are the exclusive owners of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code, and know-how, that rest on or arise from Kassatellen.nl and the Website. 11.2 You only receive the right to use Kassatellen.nl. You cannot claim any of the intellectual property rights mentioned in paragraph 1. The right to use Kassatellen.nl is not exclusive, and it is not permitted to transfer or license the right to use Kassatellen.nl.

12. Confidentiality and Privacy

12.1 We are obliged to keep all your Confidential Information secret. Confidential Information means all information that you have indicated is confidential or that arises from the nature of the information.

12.2 The following is in any case Confidential Information:

12.2.a information related to research and development, trade secrets, or business information;

12.2.b personal data as referred to in the General Data Protection Regulation (GDPR).

12.3 We protect your personal data in accordance with the GDPR. See our Privacy Policy on the Website for more information.

13. Liability and Indemnification

13.1 We are not liable for any damage or other adverse consequences resulting from the use or unavailability of (information on) our Website and/or Kassatellen.nl. All actions you take based on our Website and/or Kassatellen.nl or the information we provide are at your own risk.

13.2 We are not liable for damage caused by improper or unlawful use of Kassatellen.nl by you or third parties.

13.3 We are not liable in the event of force majeure, as outlined in the article titled “Force Majeure.”

13.4 We are only liable for your direct damage, which is directly and exclusively the result of a shortcoming on our part.

13.5 If we are liable, our liability is always limited to a maximum of your annual Subscription fee.

13.6 We will ensure careful storage of your data. We are not liable for the damage or loss of data stored with us or with third parties.

13.7 The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence on our part.

13.8 You shall indemnify and hold us harmless from all claims of third parties, including but not limited to fines, costs, damages, etc., related to any use of Kassatellen.nl by you.

14. Final Provisions

14.1 If any part of these Terms is invalid or unenforceable, this shall not affect the validity of the remainder of these Terms. The invalid or unenforceable part shall be replaced by a provision that closely follows the content of the invalid provision.

14.2 It is not permitted to assign or transfer rights and obligations under Kassatellen.nl or these Terms without our prior written consent.

15. Applicable Law

Dutch law.

16. Competent Court

The Amsterdam court has jurisdiction to hear all disputes or claims arising from these Terms.