General Terms and Conditions

1. General

The InSocial platform enables you to use the InSocial service to support your business activities.

The operation of the InSocial service is explained on the website www.InSocial.nl. Additional information is, if so desired, available by telephone or e-contact with InSocial. By accepting these terms and conditions of delivery you declare to properly understand the operation and functionality of the InSocial service and you accept the present functionality level of the service as the basis for the supply of the service and invoicing.

By approving these terms and conditions of delivery you also agree with the privacy statement, aimed primarily at the end users, as published on this website.

If you do not agree with one or more conditions then please refrain from making use of the InSocial platform.

2. Applicability

These general terms and conditions are applicable to the professional use of the InSocial platform, including the posting of information (questions, testimonials, photos or otherwise) on the InSocial platform. These terms and conditions are also related to the use of information that is available on the InSocial platform on the website of your company, other expressions of your company and/or cross-posting on media of third parties.

InSocial does not accept responsibility for cross-posting of information from the InSocial platform to other media.

3. Service levels

InSocial pursues continuous availability of the services and took the necessary technical and procedural measures for this, including:

  • hosting in professional and certified data centres;
  • multiple servers, placed within a redundantly set up network infrastructure;
  • offsite backup;
  • Load Balancing (automatic distribution of the load);
  • fast internet connection with burst up to 100 Mbps;
  • 24/7 server monitoring on availability;
  • regular maintenance at most once a month and between 23:00 o’clock and 07:00 o’clock.

The InSocial service desk is available on working days from 09:00 o’clock to 18:00 o’clock. Apart from notification by telephone incidents can also be notified to the service desk by email. Notification outside the opening hours of the service desk are handled on the first following working day after notification. In case of a very serious incident (the InSocial service cannot be reached by users) the maximum recovery period is 4 hours. In case of a serious incident (a limited number of users experiences hinder from a disruption) the recovery period is 8 hours. For the remaining incidents the recovery period amounts to a maximum of 24 hours.

In case of frequently occurring incidents and error messages InSocial shall without additional costs develop upgrades, updates and patches in order to realise improved functionality.

4. Platform access

InSocial grants you permission to use the platform as described in these general terms and conditions, assuming that: (I) you shall not copy or distribute the platform (or a part thereof) without prior written consent of InSocial; (II) you shall not adapt or change any part of the platform other than reasonably required to inform your customers and other business relations; and (III) you act in conformity with these general terms and conditions.

To use the InSocial platform you need to activate an account. You can never use the account of somebody else without consent. When you activate an account, you must provide accurate and complete information. You alone are responsible for the activities within your account and you must keep your account password a secret. You must inform InSocial immediately of potential abuse of your account.

5. Email traffic and social media

The personal email address of respondents can only be used to thank them for a testimonial and/or to inform them of potential rewards that they acquired. If you wish to maintain further contact with the respondents then you must ask express consent for this in the first email that you send to an InSocial respondent.

The same process must be observed in case you contact respondents through social media.

6. Intellectual property

The content of the InSocial platform, barring materials supplied by users and respondents, is owned or licensed by InSocial. The content is made available to you for information purposes and for your professional use and cannot be used, copied, distributed, sent, sold or otherwise be deployed.

7. Plaatsing van inhoud

You are fully responsible for your posting of content on the InSocial platform and the potential consequences of the said posting. Upon posting you declare to possess the potential rights to the relevant content. InSocial shall not monitor the content and the messages that originate from you or from the respondents.

You shall not use or have used the InSocial platform for unlawful acts, the perpetration of punishable facts or other acts that are in breach of the law or the generally accepted norms and values. We understand this as, inter alia (this is a non-exhaustive list): – the infringement of rights of others, including for instance copyrights and trademark rights); – theft; – unlawful and/or punishable distribution of (inter alia) secret and confidential information, texts, video and/or audio recordings that may be offensive or injurious (e.g. racist expressions and child pornography); – hacking (computer intrusion); and – the distribution of viruses and/or otherwise damaging or rendering systems and/or software of others unusable. You shall neither post video material of a sexual, injurious, discriminatory, insulting or otherwise offensive nature on our site or send this to others via our site.

You can post the testimonials that were obtained from respondents on your own media or not. In case of posting you must do this without any change in the content. You provide for appropriate – i.e. in conformity with these terms and conditions of delivery and the generally accepted norms and values – use of testimonials and photos, as made available by respondents. If respondents want to revoke a testimonial previously provided on InSocial then in conformity with the general terms and conditions of use of InSocial they must direct this request to the company that uses the relevant testimonial. If you receive this kind of request then you are held to comply with the same within a reasonable period of time.

InSocial does not accept liability for any direct or indirect damages, of any nature whatsoever, that derive from or that are in any way whatsoever related to the use of the site.

If you notice or suspect that another party or other parties gained unlawful access to the InSocial platform then you must forthwith (but at the latest within one week) report this by email to misbruik@insocial.nl.

8. Liability

We do not accept liability for shortcomings that are the result of circumstances that cannot be blamed on us, including (but not limited to) failures in the power supply, failures in internet connections, failures in telephone connections, overloading of connections, shortcomings of third parties on whom we depend, official measures, industrial actions amongst the staff of third parties who supply services to us, international conflicts.

9. Force majeure

We do our utmost to properly secure our platform, we are, however, not liable for damages incurred by users or third parties that are the result of insufficient security.

We cannot guarantee that the InSocial platform is free from errors and shall not be interrupted by failures. That is why we can neither accept liability for direct or indirect damages that are the result of a shortcoming in the InSocial platform. We shall, however, try to remedy potential defects as soon as possible.

The InSocial platform can, within the framework of the InSocial services, send information to your CRM and/or your social network accounts. We do not accept liability for the distribution of information contaminated with a virus or manipulated by third parties.

We do not accept liability for the consequences of actions of third parties who gain access to our platform.

We are not responsible and we do not accept liability for obscene or injurious material posted on (or sent via) the platform by site owners or unauthorised third parties (including hackers).

You indemnify us against any and all claims of third parties that are related to your use of our services or insufficient compliance from your part with your obligations vis-à-vis InSocial (whether or not deriving from these terms and conditions).

10. Contract terms and conditions

InSocial reserves the right to change our general terms and conditions without prior notice. Visitors of the website are advised to periodically check these terms and conditions for changes.

Potential changes in the general terms and conditions are applicable with immediate effect. Users shall be pointed to potential material changes of the terms and conditions through a mailing or through a message posted on the website. If a user does not agree with the change of the terms and conditions then the user can always terminate its registrations.

InSocial reserves the right to view and read any and all information and images on our sites and we are entitled to remove text or images that are in breach of statutory provisions or these terms and conditions.

InSocial reserves the right to, without stating reasons, reject or remove visual material or to manage or cancel this. We also reserve the right to deny persons who do not comply with the imposed rules access to our site.

11. Our rights

InSocial reserves the right to change our general terms and conditions without prior notice. Visitors of the website are advised to periodically check these terms and conditions for changes.

Potential changes in the general terms and conditions are applicable with immediate effect. Users shall be pointed to potential material changes of the terms and conditions through a mailing or through a message posted on the website. If a user does not agree with the change of the terms and conditions then the user can always terminate its registrations.

InSocial reserves the right to view and read any and all information and images on our sites and we are entitled to remove text or images that are in breach of statutory provisions or these terms and conditions.

InSocial reserves the right to, without stating reasons, reject or remove visual material or to manage or cancel this. We also reserve the right to deny persons who do not comply with the imposed rules access to our site.

12. Closing provisions

If a provision from these general terms and conditions appears to be invalid then this shall not affect the validity of these general terms and conditions as a whole. The parties shall establish a new provision (new provisions) by way of replacement with which the intention of the original agreement is approached as much as legally permitted.

Dutch law is applicable to relationships between you and us. Disputes between you and us are brought to the cognisance of the competent court in The Hague or, at our discretion, to the cognisance of the competent court of your place of residence.

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