General Terms and Conditions InSocial for the benefit of businesses
InSocial software makes it possible to conduct surveys that go beyond a report mark. It collects feedback, performs analyses and reviews can be posted directly. If you have questions about this then you can call upon: InSocial B.V., Phoenixstraat 58, 2611 AM Delft, CoC 61991643, Tel. 085-130 17 00, firstname.lastname@example.org.
By accepting these delivery terms and conditions you declare to properly understand the effect and functionality of the InSocial service and you accept the present level of functionality of the service as a basis for the provision of services and invoicing.
Read these terms and conditions accurately before you start using our software. These terms and conditions are applicable to any and all users of the software.
3. Use of InSocial
Use of InSocial takes place on the basis of the following terms and conditions:
(i) You shall not alter or change our services;
(ii) You shall not copy our website and services;
(iii) You shall use our services in conformity with these terms and conditions.
To use InSocial you may need to register as a user and create an account. You hereby acknowledge that you shall provide correct and complete information with the registration. When registering we shall ask you to accept these terms and conditions and we inform you that we store your personal data in order to be able to supply our services. It goes without saying that we shall handle your data diligently.
You are solely responsible and liable for any and all activities within, and originating from, your InSocial account. Immediately inform InSocial when you suspect potential abuse of your account.
4. Invitation for survey via various media
In pursuance of the agreement InSocial is entitled to contact your customers on your behalf. You are always responsible for the correct manner of obtaining consent from the said customers for the contact that InSocial makes with the said customers. You are always responsible for obtaining the correct contact details and for the subsequent deployment of the same via InSocial.
The same process must be observed if you contact respondents via social media. InSocial expressly acts as the processor of your data.
5. Intellectual property
The software of InSocial, with the exception of the content that was supplied by the users of or the participants in a survey, belongs to or was licensed to InSocial. The software cannot be copied, distributed, sent, sold or otherwise be used or abused. Any and all respondent data are always owned by the buyer of the services from InSocial.
6. Content supplied by users of InSocial or participants
Only you decide whether you offer content (photos, text, video, etc.) within InSocial. You are responsible for the said content and the potential consequences of the posting of the said content. If you post content, then you acknowledge you are entitled to do so. InSocial offers the software for the performance of surveys but is not responsible for the moderation or supervision of the said content within InSocial or within the survey.
If you deploy InSocial for content posting then you agree that we store the said content under your authority and that we can and may, in conformity with the general processing agreement, process the same for the supply of our services.
You shall not use InSocial for unlawful acts, the perpetration of criminal offences or other acts that are in violation of the law or in violation of public morals or public order. We understand this to include, but not to be limited to:
- The breach of the rights of others, e.g. copyrights and trademark rights;
- Abuse and/or illegal distribution of (inter alia) secret and confidential information, text, audio and/or video material that is insulting or offensive to others (e.g. racist expressions and pornography);
- Hacking (break-in); and
- The distribution of viruses and/or malware that in any way whatsoever renders systems and/or software of third parties unusable.
You shall not post anything or send images or content via our services of which the content is of a sexual, abusive, discriminatory, libellous or otherwise offensive nature.
7. Privacy and security
InSocial acts as the processor within the meaning of the Dutch Data Protection Act; you are the controller. You indemnify InSocial against any and all liability deriving from (the implementation of) agreements to which these general terms and conditions were declared applicable.
InSocial provides for an appropriate level of security in consideration of the risks that the processing and the nature of the data to be protected bring about. The latter, however, only if and to the extent that they are present within the infrastructure of InSocial.
InSocial can compel the buyer to upgrade and/or to change its connectivity with the InSocial platform regarding security updates and/or new legislation and regulations. InSocial provides the buyer with a reasonably time limit for the relevant implementation. Potential costs that derive from the same are at the expense of the buyer and can expressly not be recovered from InSocial.
A processing agreement that includes additional guarantees with regard to the processing and security of personal data forms an integral part of the agreements between you and InSocial.
A monthly fee is associated with the use of InSocial. The said fee must always be paid in advance, unless stipulated otherwise. The costs associated with the use of InSocial are established separately between you and us.
If you purchased consultancy and/or implementation on location as a service, then invoicing takes place at the then applicable daily rate. In case of online consultancy and/or implementation invoicing takes place on the basis of the hours actually spent by InSocial.
Scheduled activities, beyond the scope of the initial contract, for consultancy and/or implementation services can be cancelled or changed up to ten working days before the start without charge. In case of a cancellation or change that takes place within ten and five working days before the start of the scheduled activities, you are liable to pay 50% of the costs. In case of each and every later cancellation or change InSocial is entitled to charge 100% of the costs of the cancelled or changed service(s).
InSocial shall send an invoice for any and all payable amounts and shall in this respect be entitled to invoice electronically. Payment can be effectuated by direct debit or by transferring the amount to the bank account of InSocial.
The payment term of invoices is 14 days after the date of the invoice, unless a longer payment term is indicated on the invoice. If you do not pay in a timely fashion then you are by operation of law in default, without any notice of default being required, effective from 14 days after the said date. If a payable amount is not paid within the payment term, then the statutory interest is payable on the outstanding invoice amount.
Once every calendar year InSocial shall be entitled to adjust the applied rates on the basis of the then published consumer price index (CPI), in the course of which an increase can never exceed 5%. InSocial shall inform you of rate changes at least two months in advance.
InSocial is always entitled to require that you provide sufficient security in order to comply with your payment obligations.
If you do not pay invoices for the use of the InSocial service then InSocial shall be entitled to discontinue or limit the use of the InSocial service, as well as other services that you purchase from InSocial and/or the companies affiliated with the same.
Barring in case of intent or gross negligence, the liability of InSocial shall be limited to the amount that you paid for the three months prior to the moment of the harmful event, with a maximum of EUR 25,000.00 per annum.
InSocial is expressly not liable for indirect damages, consequential damages, lost profit, lost savings and losses due to business interruptions.
A condition for the occurrence of any right to compensation is that you report the damages in writing to InSocial at the latest within 30 days.
We make our utmost effort to make InSocial secure, however we are not liable for damages incurred by users of InSocial or damages incurred by third parties as a result of insufficient security.
Each and every release of InSocial is tested on different devices, operating systems, browsers, etc. We can, however, not guarantee that InSocial shall operate error-free and in an uninterrupted manner. We consequently do not accept any liability whatsoever for direct or indirect damages. However, we shall try to forthwith remedy a bug or out of service event.
You indemnify InSocial against any and all damages and liability that derive from this agreement or acts related to the implementation of the agreement.
We do not accept liability for the distribution of viruses or virus-infected information.
We do not accept any liability for damages that may arise as a result of the actions of third parties who unlawfully gained access to our applications.
We do not accept any liability whatsoever for obscene or insulting content posted by users or unauthorised third parties (including hackers).
You indemnify us against any and all claims of third parties with regard to your use of InSocial or insufficient compliance with your obligations with regard to InSocial that derive from these general terms and conditions and otherwise.
10. Non-takeover of staff
During the agreement and for a period of one (1) year after termination of this agreement, it is not allowed to hire or employ, either directly or indirectly, employees of InSocial or to negotiate with the said employees about the same, other than often consent of InSocial.
Per violation of the prohibition as intended in the previous paragraph you immediately forfeit one gross annual salary per relevant employee to InSocial.
11. Force majeure
We do not accept any liability for violations that occur due to circumstances that are beyond our control, including but not limited to power failures, interruptions in internet connections, failures of telephone lines, overloading of connections, shortcomings of third parties that we rely on, official actions, industrial disturbances amongst the staff of third parties that supply services to us or international conflicts.
12. Our rights
InSocial reserves the right to change these general terms and conditions without prior notice. You are advised to regularly check these terms and conditions for changes.
Potential changes in the general terms and conditions take immediate effect. Users are warned by means of a mailing or via a message posted on our website with the notification of the (important) changes in the terms and conditions, where applicable.
In case of potential changes InSocial shall inform you of the said changes in a timely fashion and provide you with the latest version. Upon receipt the new general terms and condition shall immediately take effect.
Changes of the general terms and conditions do not directly entitle you to terminate the agreement.
InSocial reserves the right to view and read any and all content, information and images posted via our platform and/or on our sites. We reserve the right to remove content (video, photo, text or anything else) if this is, at our discretion, insulting, unlawful or in violation of these terms and conditions.
InSocial reserves the right to reject or remove images or to take over control over or eliminate these kinds of images, without prior notice. We reserve the right to deny a specific user access to our services if the said user is not complying with our general terms and conditions and further rules that are applicable to the use of our services.
13. Final provision
If a provision of these terms and conditions appears to be invalid, then this shall not affect the validity of the other provisions. The parties shall prepare a new provision by way of replacement that – where legally possible – implements the intention of the original agreement.
Our services are offered in conformity with Dutch law. Disputes are brought to the cognisance of the competent court in The Hague; or, at our discretion, the competent court of your place of residence or establishment.
Delft, 18 January 2019