Mijn-rt.com

These general terms and conditions apply if you use mijn-rt.com, offered via youraccount.mijn-rt.com and youraccount.mijn-rt.nl.

1. Definitions

Customer: any (legal) person who has entered into an agreement with Supplier.
Supplier: Bart Otto Solutions acting as supplier of the SaaS Services.
General terms and conditions: these general terms and conditions.
Agreement: the agreement between Supplier and Customer regarding the SaaS Services. These Terms always apply to the Agreement.
The Software: the software as described in the Agreement, to which Supplier grants Customer access for use by User in accordance with the provisions of the Agreement through the SaaS Services.
Bart Otto Solutions: a trade name of sole proprietorship Bart Otto, statutorily established in Noordwijk and registered with the Chamber of Commerce under file number 69481539.
User: Customer and/or employee of Customer, student of Customer, parent of student of Customer, teacher of student of Customer.
Login: User access to The Software.
Imperfection: all deficiencies in The Software that prevent its functioning as described in the accompanying Documentation.
SaaS: Software as a Service. The characteristic of SaaS is that the user uses completely internet-based technology. The advantage is that no software needs to be installed on local computers or servers, the software can be accessed from any workplace of Customer with internet access, and updates (improvements) and even upgrades (new versions) can be applied from one central location with one action.
SaaS Services: the entirety of services to be provided by Supplier to Customer, as further described in the Agreement.
System requirements: the minimum requirements imposed on the hardware and software of Customer for proper use of the SaaS Services.
Confidential Information: Unless expressly agreed otherwise, confidential information concerning Customer or Supplier means (a) information designated in writing as "confidential", (b) information that is not generally known, (c) information that has not been made publicly accessible by the party to which the information relates and/or from which the information originates, and (d) information whose confidential nature must be presumed to be known;
User License: The access right to The Software for one User. A User License must be explicitly assigned to a User.
In writing: "in writing" in these general terms and conditions also means: by post, by email, or any other method of communication that, in view of the state of technology and prevailing views in society, can be equated with this.
Third Party Products: All products and services provided by Supplier, the resulting provisions and associated activities originating from third parties and of which any intellectual property rights, industrial property rights, and other rights are not principally held by Supplier.

2. Commencement of the Agreement

The Agreement is established upon first use of the SaaS Services by a User or as soon as a signed agreement is received and accepted by Supplier in unchanged state. The effective date stated as such on the Agreement, or the date of first Login, whichever is earlier, serves as the effective date for the SaaS Services. The Agreement is entered into from the day of its establishment for a period of one (1) month, unless the parties have expressly agreed otherwise in the Agreement.

3. Supplier Obligations

Supplier ensures, through its suppliers, the availability of the Software. Supplier is also obliged to perform the SaaS Services at least as may be expected of a reasonably competent contractor.
Supplier guarantees that a daily backup is made of the data that Customer has entered in the Software. This backup can be provided to Customer upon request.
Supplier guarantees that the data that Customer has entered in the Software is secured as well as reasonably possible against loss, theft, unauthorized access, and modification by non-Users.
Supplier refrains from viewing the data that Customer has placed with Supplier through the Software and does not make data available to third parties unless Supplier is required to do so by law or court order, or Supplier and Customer have agreed otherwise.

4. Customer Obligations and Cooperation

Customer is responsible for the functioning of their hardware and software, configuration, peripherals, and internet connection required for use of the SaaS Services.
Customer guarantees that the equipment and software used by them for the SaaS Services meet the System Requirements. Customer is responsible for taking necessary measures to protect their equipment, software, and telecommunications and internet connections against viruses, computer crime, and unlawful use by third parties.
Customer shall provide Supplier with all information and cooperation, including providing Supplier with correct and current name, address, and contact details, that Supplier needs for maintaining the SaaS Services.
Customer is obliged to inform their Employees and/or Users of these Terms and to ensure compliance by them and to be responsible for this towards Supplier.

5. Data

The data that User has entered in the Software is stored in a database managed by Supplier.
Customer remains owner of the data entered by their Users and the data processed via the Software.
Supplier has access to the data in this database. However, Supplier will never provide this data to third parties unless Customer explicitly grants this access.
Up to 31 days after the end of the Agreement, Customer can request Supplier to provide them with Customer data in a MySQL database backup file.
Supplier applies statutory retention periods for data storage.
After termination of the Agreement, the data entered in the Software is retained by Supplier for at least 31 days. After this period, Supplier is entitled to delete this data.

6. Support

During the SaaS Agreement, Customer is entitled to support.
Support includes the right to consult and use available documentation and online help at their own discretion. Additionally, questions can be submitted 24 hours a day by email to info@bartotto.com.

7. Support does not include:

services regarding system configurations, hardware, and networks;
support for Customer internet connection;
file conversion;
support for (operating) software from manufacturers other than Supplier, including third-party software that can be started from the Software;

8. Availability

Supplier provides Customer with access to its facilities and use of the agreed SaaS Services against payment by Customer of the agreed price (which may also be zero).
Supplier will make efforts to resolve any disruptions in access to the Software and/or use of the technical infrastructure of the Software as quickly as possible.
Supplier will, to the extent reasonably expected, make efforts to maintain the SaaS Services 7 days a week and 24 hours a day, except for time required for maintenance and disruptions. Supplier guarantees an uptime of 99.5% over the term of the Agreement. If this is exceeded, any subscription fee charged will be credited proportionally.
Supplier will remedy a disruption in the SaaS Services as soon as possible after the disruption is reported by Customer. No guarantees can be given regarding processing times.
Supplier will inform Customer of any disruptions that directly affect Service delivery to Customer.
Supplier will announce maintenance work on its network in advance. Supplier will provide an estimate of expected impact and duration.

9. Force Majeure

Force majeure regarding the agreement means everything understood as such in law and jurisprudence, as well as technical disruptions not under Supplier control.
Supplier is not obliged to fulfill obligations from the agreement if fulfillment has become impossible due to force majeure.
Customer declares not to hold Supplier responsible or liable for any damage due to failure/downtime, unavailability of the website/server, and/or loss of data and/or loss of income due to technical or other disruptions; unless these are caused by gross negligence.

10. Personal Data

Customer is (processing) 'controller' within the meaning of the Personal Data Protection Act and the General Data Protection Regulation (GDPR) and thus responsible for protecting (personal) data transmitted, processed, and/or processed by the Software on behalf of Customer. Customer acknowledges that data processing as commissioned to Supplier is lawful.
Customer indemnifies Supplier from all claims for infringement of privacy related to this.
To the extent Customer is entitled to do so, Customer expressly consents to including (personal) data of users in the Software personal data registry for administration and management purposes. This personal data registry contains, among other things, Identification Data and Process Data and is only accessible to Supplier. This data is not provided to third parties, except when Supplier is obliged to do so by law or court order.
Except as stated above in this article, Supplier is 'processor' within the meaning of the Personal Data Protection Act and GDPR responsible for protecting personal data whose use by Supplier is necessary for correctly executing the agreement and will indemnify Customer from liability in case Customer is sued by a person based on infringement of privacy as a result of Supplier action or omission. As 'processor', Supplier will comply with all relevant obligations of the Personal Data Protection Act and GDPR.

11. Intellectual Property Rights

All intellectual or industrial property rights to all services developed or made available under the Agreement, including but not limited to software, including source code, databases, equipment, or other materials such as analyses, designs, documentation, reports, as well as preparatory material, rest exclusively with Supplier.
Customer only acquires the usage rights and powers expressly granted in these Terms or otherwise. For the rest, Customer will not reproduce the Software, documentation, or other materials or make copies thereof.
Customer is not permitted to modify or remove trademark or recognition marks applied to the Software or via Supplier site, and/or any indications regarding copyrights, trade names, or other intellectual property rights including indications regarding confidential nature and secrecy of the Software, or to modify or copy the Software or any parts thereof.
Any other liability or indemnification obligation of Supplier due to infringement of third-party intellectual or industrial property rights is excluded if caused by use of delivered Software in unmodified form by Supplier, in conjunction with Software not delivered or provided by Supplier, or in a manner other than for which the Software was developed or intended.
It is not permitted to resell the Software or SaaS Services or otherwise trade, distribute, copy, or make available.
If Customer acts in violation of this article, Customer owes an immediately payable fine of Euro 1,000 (one thousand Euro) and an additional fine of €500 (five hundred Euro) per day for each day the violation continues.

12. Liability

Supplier total liability will remain limited to compensation for direct damage and then to a maximum of the price agreed for the agreement (excluding VAT) with a maximum of €5,000 (five thousand euros), whereby a series of related events counts as one event.
If the Agreement also consists of a continuing agreement with a term of more than 1 (one) year and Supplier liability arises from this continuing agreement, the agreed price is set at the total fees (excluding VAT) actually paid by Customer to Supplier based on the continuing agreement for 1 (one) year (being the year in which the damage occurred) with a maximum of €5,000 (five thousand euros).
Supplier has not insured against damage. Supplier is in any case not liable for further damage and will not compensate this further damage that Customer may suffer under the agreement concluded with Supplier, howsoever and from whatever title arising, including possible claims against Customer by third parties, than covered by insurance and actually compensated plus Supplier own risk, unless there is intent or willful recklessness.
Direct damage exclusively means: a) Reasonable costs made to determine the cause and extent of damage; b) Reasonable costs made to prevent or limit damage, to the extent Customer proves these costs led to damage limitation.
Supplier liability for indirect damage, including consequential damage, lost profits, missed savings, destruction or loss of files and/or data, delay damage, suffered loss, damage caused by inadequate provision of information and/or cooperation by Customer, damage due to business stagnation or third-party claims against Customer, is expressly excluded.
Outside the case mentioned in Article 12, Supplier has no liability for damages, regardless of the basis on which a damages claim would be based.
Supplier liability only arises if Customer immediately and properly gives Supplier written notice of default, stating a reasonable period for remedying the shortcoming, and Supplier also attributably continues to fail in fulfilling obligations after that period. The notice of default must contain a description of the shortcoming as detailed as possible so that Supplier can respond adequately.
A condition for any right to damages is always that Customer notifies Supplier thereof in writing by registered mail within 60 (sixty) days after damage occurrence and takes those measures that limit damage as much as possible.
Customer indemnifies Supplier from all third-party claims for liability as a result of defect in a product, system, or service delivered by Customer to a third party and which product, system, or service partly consisted of what was delivered by Supplier.
Supplier accepts no liability for damage of any kind arising from Third Party Products that Supplier has delivered to Customer. If possible, Supplier will transfer its rights to claim damages from the supplier of the Third Party Product in question to Customer.
Supplier is not liable for damage of any kind resulting from failure to provide timely Support as described in Article 6.

13. Confidentiality

Supplier and Customer mutually commit to confidentiality of all data and information about each other organization, clients, files, and products of which parties become aware during work for each other or for Customer clients. Data and information may only be used for executing the Agreement.
Supplier is entitled to place Customer name and logo on its website and/or reference list and make this available to third parties for information.
In case of violation of this article, Customer owes without further notice of default an immediately payable fine of €5,000 (five thousand euros) per violation, without prejudice to Supplier right to claim full compensation for damage suffered.

14. Transfer

The agreement concluded between Supplier and Customer and the resulting rights and obligations cannot be transferred to third parties without prior written consent from Supplier.
Customer gives Supplier in advance the right, without needing Customer express consent, to transfer the entire agreement or parts thereof to: a) parent, sister, and/or subsidiaries; b) a third party in case of merger or acquisition of Supplier. If this occurs, Supplier will inform Customer about this.

15. Applicable Law and Dispute Resolution

Dutch law applies to all agreements concluded by Supplier with Customer, unless parties have agreed otherwise in writing. Parties expressly declare that the Vienna Sales Convention does not apply.
Disputes between parties that cannot be resolved in consultation will be resolved through arbitration by the Foundation for Dispute Resolution Organization and Automation (SGOA), according to SGOA arbitration regulations. With mutual approval of parties, an attempt may be made beforehand to resolve the dispute through other dispute resolution provisions offered by SGOA.
If SGOA declares itself incompetent or if parties jointly agree, disputes will be submitted to the competent Dutch court of the Central Netherlands District Court, location Utrecht. 16.4. The foregoing will, without waiving any right, not prevent parties from taking interim legal measures and/or initiating summary proceedings with the competent Dutch court of the Central Netherlands District Court, location Utrecht, before turning to SGOA (or pending arbitral judgment), to secure their existing rights.