supply conditions
GENERAL AND LICENTIEVOORWAARDEN deposited OF JUNO, FACILITAIR MANAGEMENT INFORMATION SYSTEM at the chamber of commerce in Amsterdam under depot number: --deposited March 2009 - © 2009 - serge Janssen decreasing holding company e.g. page 1 this condition general of 2 general conditions 2009 concerns online facilitair management information system (FMIS) of JUNO. The conditions mentioned below read on attentively. Article 1. Definitions 1.1. JUNO: Janssen decreasing e.g. registered at the chamber of commerce under number 34273356 and the supplier of the system. 1.2. Customer: the natural person or legal person with whom JUNO has closed the agreement or the user of the system. 1.3. Agent: the natural person who by the customer has got rights extend the licentie. 1.4. Facilitair administrator: the legal person or natural person who has got rights by the agent has got to be allowed supply tasks the part of JUNO, authorised within. This can be a third party. 1.5. Employee: the natural person who by the customer and/or Facilitair administrator has got rights the authorised part of JUNO be allowed work. 1.6. System: JUNO put and keep for customer online FMIS solution by means of the Internet available. The online FMIS solution exist from several modules. The number of modules is agreed by means of the aanmeldformulier on the Internet site of JUNO. 1.7. Institution: All data which customer sails in or by JUNO have been produced. 1.8. Agreement: The agreement for use of the system customer or Facilitair administrator. 1.9. test subscription: An agreement for a restricted duration, such as reflect on the Internet site, in order the system are able try. 1.10. Party: every party at the agreement. 1.11. Internet site: www.juno-fc.nl or the Internet sites of the system portal. www.juno-fc.nl and login.JUNO.nl. 1.12. General conditions: present general conditions. Article 2. Relevance/implementation 2.1. To all offers, agreements and supplies of JUNO these conditions apply general, unless in writing explicit differently has corresponded. 2.2. JUNO are authorized integrate third parties at the implementation of its agreements. Article 3. To price 3.1. All prices are in euro and exclusive VAT and other levies which are by the government imposed. 3.2. All prices on the Internet site, brochures and newsletters are subject to types and rack errors. For the impact of types and rack errors no liability is accepted. 3.3. JUNO preserve themselves modify the right for tariffs interim. The modifications become at the latest one (1) month before they are announced effective in the newsletter of JUNO. A customer, who cannot unite with these modifications is himself competent, to the time of coming into force of the modification, the agreement by the date on which the modifications enter, to cancel. Article 4. Communication 4.1. By JUNO receive or stored version of the communication concerned is considered as proof of it, subject to counter-evidence by customer. Article 5. Production agreement 5.1. Customer contracts the agreement with JUNO by subscribing itself by means of the aanmeldformulier on the Internet site. 5.2. JUNO have the right, without refusing customer to statement of reason. 5.3. After the customer rights - by means of strictly personal login-gegevens with a guard word have receiving examine JUNO of it from that this person to log in the person are authorized are act for the person to which these inloggegevens with associated guard word have been supplied. 5.4. Only one customer or an agent has been entitled extend the licentie against the then valid tariffs by producing administrators and employees bldg., Facilitair. 5.5. If it is chosen there by the customer to arrange that JUNO this way there - already then by automatic notificaties of users of the systems are not made for sending bulletins by means of SMS, fax etc. then these costs with the next invoice doorbelast will become to the customer. Notificaties by the system by means of e-mail are always free of charge. Article 6. Access and updates 6.1. JUNO will grant during the duration of the agreement the system to customer. For that purpose JUNO to customer will supply a user name and guard word, with which the system can be used by customer and configured. 6.2. JUNO have the right adapt programmatuur of the system from time up to time to improve the functionality and to repair errors. If an adaptation leads to a considerable modification in the functionality, JUNO will inform customer of it for the modification by means of Release Notes, which stands on the Internet site declared. Because the system is provided to several customers, it is not possible only for customer a certain adaptation abandon. JUNO have not been loved to only compensation damage at adapting the system. Article 7. use conditions of the system 7.1. Customer stipulates which information is stored using the system and/or is exchanged. JUNO have no knowledge of this information. Customer is thus responsible that information is legitimate and no violation makes on the rights of third parties. JUNO accept absolutely no liability information stored for using the system and/or exchanged. Customer protects JUNO for revendications of third parties which are based on the proposition that information stored by customer using the system and/or exchanged unlawful is. 7.2. JUNO could knowledge have of or the notion reach that information has stored that customer using the system and/or will remove exchanged unlawful is, then JUNO direct actions that information or to this end access to block. JUNO preserve themselves in such a case tevens remove or block the right for the information of customer. This towards judgement of JUNO. Under no circumstances JUNO will be responsible for damage which results from such actions. 7.3. In case of a presumption of fraud or abuse of the system JUNO have been entitled hand over the personal data of customer and the institution to the competent authorities. 7.4. Customer must by JUNO to customer supplied user names and guard words to keep secret. JUNO are not responsible for abuse of user names and guard words and can of it go out that a customer, who submits an application on the system, also effectively the customer is. Customer must JUNO as a customer inform a presumption has that the user names and guard words in hands have come of unauthorized person. JUNO have the right effective take measures in such cases. 7.5. Customer informs JUNO always without delay electronic of some modifications in name, e mailadressen and remaining data which are important for the implementation of the system JUNO. Above data can be carried out by means of the system. 7.6. Customer must refrain from unlawful use of the system and will establish himself and carried in accordance with what by JUNO can be expected of a careful user of the system. 7.7. It has not been permitted customer more users 2009 provide access to the system to JUNO has been then given up at closing the agreement on the Internet site. 7.8. Customer cannot will act with the system himself as a proposer of the system. 7.9. Notwithstanding its remaining rights on the basis of the law or the agreement JUNO preserve suspend itself the right for its obligations towards customer or the agreement if to dissolve these act, or reasonably are suspected without to act in fight with Article in these general conditions JUNO to only damages or refund have been loved the compensation for the system. Article 8. Maintenance 8.1. JUNO stretch themselves in the system 7 days per week, available 24 hours per day for customer to keep. 8.2. JUNO preserve themselves put the right for the system temporarily out of use for maintenance, adaptation or improvement of the system and web servers of JUNO. JUNO will make efforts such to an outside use interview to as much as possible outside office hours take place to let and inform customer swiftly in avance of the planned outside use interview. JUNO will be because of such outside use interview loved the system never to only damage towards customer. Article 9. Support 9.1. JUNO customer telephonically and online support at the use of the system. The support is granted by means of tel. and e-mail (to see tevens the supportpagina on the Internet site). JUNO will make efforts to answer the questions adequate and within a reasonable period. JUNO cannot answer however for the correctness and/or completeness of the answers. Support has been restricted to functional subjects to the system and concerns none facilitaire or technical recommendations. Article 10. Payment 10.1. The compensation of by JUNO system to provide is announced during the aanmeldprocedure on the Internet site to customer. 10.2. Customer continues with electronic facturatie JUNO agreed. 10.3. Unless in writing differently corresponded, payments must occur by means of an automatic incasso. Deposited in the case of GENERAL AND LICENTIEVOORWAARDEN OF JUNO, FACILITAIR MANAGEMENT INFORMATION SYSTEM at the chamber of commerce in Amsterdam under depot number: --deposited March 2009 - © 2009 - serge Janssen decreasing holding company e.g. page 2 of 2 automatic incasso must authorise customer JUNO to write down its account the chargeable amounts of the customer. Customer must ensure a sufficient remainder on the account concerned. JUNO have been entitled extra administrative costs charge if it is then chosen there for a another tender for automatic incasso. 10.4. Kept at a not swift payment customer, beside the chargeable amount and then has appeared the interest, to complete compensation of both extrajudicial and judicial incassokosten, including the costs for lawyers, bailiffs and incassobureaus. 10.5. The progress to payment is directly opeisbaar in case customer in state of bankruptcy is explained, suspension of payment requests or complete seizure on assets of customer is laid, customer dies and in addition, if these step in liquidation or are dissolved. 10.6. In above cases JUNO in addition the right has the agreement or the part not yet carried out of it ingebrekestelling or legal concluding or suspend intervention, notwithstanding the right of JUNO compensation desire for possible damage which could arise for him because of this. Article 11. Rights of intellectual property 11.1. All rights of intellectual property to made available programmatuur, of the system, rest exclusively at JUNO or his licensors. Customer obtains exclusively a user charge which is not exclusive and not transmissible, and powers which are otherwise explicitly granted at these conditions or and other than that customer the system or other material verveelvoudigen or of it copies will manufacture. 11.2. It has been permitted JUNO technical take measures for protection of programmatuur of the system. If JUNO have protected programmatuur of JUNO by means of technical protection, it has not been permitted remove customer this beveiliging or avoid. Article 12. Liability 12.1. JUNO are never responsible for only indirect damage of customer or third parties, among which understood consequence damage, lacked turnover and profit, loss of (institution) data or damage because of publication of it and immaterial damage. 12.2. The liability of JUNO towards customer is by event (where a coherent range events is considered as an one event) restricts up to up to by customer paid amount for the system in the past six months (exclusively VAT). 12.3. Customer protects JUNO for all revendications of third parties, to the point of compensation of damage, costs or interest, link concerning with this agreement and/or the system. 12.4. The previous paragraphs of this Article do not apply if and as far as damage concerned has been caused by set-up or aware temerity of JUNO. Article 13. Supremacy 13.1. In case of supremacy, among which is in any case understood jammings in telecommunication infrastructure (Internet), internal riots, mobilisation, war, curdling in the transport, strike, exclusion, company impairments, stagnation in subcontracting, fire, flood, and export obstructions and in the event that JUNO are not put by its own suppliers, irrespective of the reason to this end, to supply able as a result of which compliance with the agreement cannot be reasonably demanded of JUNO, the implementation of the agreement will be suspended, or the agreement is concluded, everything without only obligation to damages. Article 14. Expensive and suspension 14.1. If customer does not proceed after the test subscription to a paid subscription for the system, then the agreement is concluded after this period. If customer proceeds after the test subscription to a paid subscription applies the next member. 14.2. The agreement is contracted for the duration as indicated in the aanmeldformulier on the Internet site. The agreement afterwards, without denunciation, is always tacitly extended with the same duration. 14.3. The agreement can be cancelled by a party taking into account a notice of four (4) complete calendar months, which denunciation without reasons and motivation can take place. The denunciation customer is just definite as these by JUNO by e-mail has been confirmed. JUNO after suspension of general conditions JUNO 2009 the agreement will archive the planning of customer for a period of 5 calender years. This records department is free of charge. JUNO give thus absolutely no guarantee for this records department. At the request of customer the institution can be removed again or to be activated. To for activating costs it have been linked, which right will be with the costs for concluding the associated system. 14.4. If one party does not meet considerable or not within a set period or otherwise swiftly only obligation which could result for its from only agreement, the one party in staff absence and the other party have been entitled ingebrekestelling the agreement entirely or partially, notwithstanding the other rights of the dissolving party and dissolving without the dissolving party schadeplichtig is. 14.5. In case of a dissolution or denunciation, as meant in above Article, the following obligations will pass through after the end of the agreement: - being open progress/payments; - liability. Article 15. Facilitair administrators 15.1. The provisions in these general conditions for customer apply in accordance with on Facilitair administrators. 15.2. Facilitair administrator must by customer being authorised to be able do things for customer. This authorisation is electronically given customer by means of the system and can by means of the same manner customer be withdrawn. 15.3. Facilitair administrator can request the system on behalf of customer. JUNO will inform customer of this. Customer must agree vervolgens with the application of the system by Facilitair administrator. Facilitair administrator can cancel himself the system taking into account Article 14. Thereby customer has the possibility of continuing the system independently. 15.4. If Facilitair administrator so-called inhuis conduct institution, he contracts independently an agreement with its customer. Facilitair administrator protects JUNO for revendications of these customers. Article 16. Modifications general conditions 16.1. JUNO preserve themselves modify or complete the right for these general conditions. 16.2. Modifications apply also with respect to agreements already closed with respect to a period of 30 days after disclosure of the modification by electronic reporting. Modifications of subordinate importance can be at any time carried out. 16.3. If customer does not want accept a modification in these general conditions, is possible he up to the date on which the new conditions become effective the agreement conclude by this date or on the reception date of the denunciation if these are after the commencing date of the modification. Article 17. Final provisions 17.1. To the agreement right applies Dutch. 17.2. Change in management or legal form has no influence on the agreement. 17.3. As far as it is not differently prescribed by the rules of binding right, all disputes which could arise as a result of the agreement to be presented to the competent Dutch judge in Haarlem. 17.4. Partial nullity: If a provision from the agreement and/or the general conditions proves be null and void, this conditions do not damage the validity of the whole agreement/general. Parties will determine new provision (and) for replacement (), with which is as much as by right possible to the intention of the original agreement/general conditions figure is given. Contact data could you after reading our general conditions, asks complaints if observations have concerning these general conditions, takes in writing or by e-mail (juno@ janssendaalen.nl) contact then rested. Janssen decreasing bldg. Silverpoint Tappersweg 5 2031 EK Haarlem. Tel.: 0800 - 55555 67 fax: 020 7508879
