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Termos e condições
Terms and Conditions of Sale In these Terms and Conditions the "Buyer" means the person, company or institution who buys or agrees to buy goods or services from Bekosense also known as the “Supplier”. "Goods" means the goods specified in the Seller’s invoice or quote. Conditions These Terms and Conditions shall apply to all contracts for the sale of Goods by the Supplier to the Buyer to the exclusion of any terms and conditions specified by the Buyer. No variation of these Conditions shall be effective unless agreed in writing by the Supplier.
1. General
1.1. The terms and conditions apply to the sales, services, subscription and hardware (known as the Goods) from Bekosense. 1.2. The terms and conditions detailed here on in supersede all other previous, verbal, written, electronic or 3rd party agreements. 1.3. The terms of conditions of Bekosense are placed at the KAMER VAN KOOPHANDEL (chamber of commerce) in Netherlands under number 55201253. 1.4. Bekosense can change and/or add to the terms and conditions. The Buyer will be informed in writing, this can be also by email of this and may make a written objection within 30 days of receiving the superseded terms and conditions. 1.5. Changes or adjustments on these Terms and Conditions for a specific agreement between the Supplier and Buyer are only valid if they are confirmed by the Supplier in writing. 1.6. Subscriptions to use the software start at the same time as the purchase of the software license and hardware by the Buyer. If the Buyer does not pay the subscription at the agreed time or when the Supplier requests payment the Supplier will be entitled to recover the full costs to that point from the time the product was delivered. (See section 6). 1.7. All activities performed by the Supplier are under Dutch Laws. Any disagreements will be put before an official judge in Amsterdam. Netherlands. 1.8. These terms and conditions are printed on the back of every quotation/sales agreement and/ or invoice. Signing a quotation or a sales agreement or paying an invoice with these terms and conditions on the back means a full acceptance of the most recent version of these terms and conditions. This includes the automatic periodically credit card payments
2. Right of Use
2.1. The Supplier gives the Buyer the nonexclusive rights to use the Supplier software and hardware including the documentation provided. 2.2. The Right of Use is limited to the person, company or institution that purchased the software and to no other. 2.3. The Right of Use starts when the Buyer has paid for and meets all other financial payments of the software and hardware as invoiced by the Supplier. 2.4. If the Buyer receives a new or different version of the software as a result of the subscriptions from the Supplier, the right of use will have the same length of time as agreed at the start of the license. 2.5. The Buyer cannot pass the Subscription to use the software license onto a third party.
3. Support
3.1. As long as the subscription contract is paid up to the payment date of invoice the Buyer may use the support facilities of Bekosense. 3.2. The support facilities of Bekosense include: Support by telephone or e-mail after a request to is is received by e-mail at Bekosense BV. The response time is maximum 16 hours of normal office hours. 3.3. Support does not contain any services that are not detailed above.
4. Price and payment
4.1. All prices invoiced or quoted will be subject to the VAT rates and other tax legislation applicable at the time of the invoice or quotation. 4.2. The Subscription price for the software will be taken automatically from the credit card information that is provided by the buyer. This will be done in monthly, quarterly, half yearly or on an annual basis, but always in advance. 4.3. Bekosense is always authorised to change its prices within legal boundaries. Bekosense will annually increase the prices for subscription at a minimum by the inflation factor. 4.4. If the Buyer fails to pay the invoice within the 30 days payment period or the payment can not be taken out of the credit card that is given, Bekosense has the right to surcharge the Buyer a 1% credit charge per month on the outstanding amount and has also the right to block the access to the Software. App with immediate effect. 4.5. Bekosense has the right to withdraw the subscription of the Buyer with immediate effect if the payments are not done. 4.6. Bekosense may give support for the last versions of the software if there is no Subscription Contract in place at an applicable hourly rate.
5. Duration
5.1. The start of a Subscription contract will be, if not specified otherwise in the sales agreement, for an initial period of 1 years. After this period there is an automatic renewal on a yearly basis. The payment of the annual Subscription can be done as specified in point 6.2 5.2. Termination of the Subscription Contract is only possible if it is submitted in writing by the Buyer one month prior to the end of the duration of the contract.
6. Termination
6.1. Either party may terminate the contract in writing and by registered mail with immediate effect only when the other party did not fulfil it’s obligations after a written warning with a reasonable period to fulfil it. 6.2. Bekosense can terminate the contract directly if the Buyer is in state of bankruptcy, liquidation or payment default.
7. Responsibility
7.1. Bekosense will only accept responsibility for direct damage of the Buyers system if it is proven through diagnostic investigation that the Bekosense software program is the sole cause. A maximum refund in this case only would be a refund of the last twelve months payments paid to the Supplier from the Buyer. 7.2. Responsibility for all other damage, indirect, subsequent or other damage is excluded. 7.3. The Buyer is responsible in the first instance in reporting to the Supplier the claim of damage. The Supplier can and will never take any responsibility for damage before the first reporting.
8. Non fulfilments of obligations under special circumstances
8.1. Neither party is held against the fulfilment of its obligations when the fulfilment is not possible because of any circumstances that are out of control of that party. These circumstances can also, but not only be, late deliveries from supplier or incorrect specifications from third parties, bad weather conditions, fire, epidemics and also but not only lack or strike of staff etc. 8.2. If the circumstances as unlimited mentioned in this document happen for a temporary period, Bekosense can postpone its obligations from the contract without the right of the Buyer to claim damage.
9. Delivery dates
9.1. All Bekosense stated delivery dates are always target dates. Bekosense does not except any responsibility to the Buyer if the target date of delivery is not met.
10. Intellectual property
10.1. The intellectual, industrial and other property rights of current and future Bekosense products are owned by Bekosense BV except for clear exceptions. The Buyer acknowledges that all current and future intellectual rights and industrial rights, brands and brand names and designs and other related rights, and the results from that, and the exclusive rights to register all these rights on a worldwide basis belong for now and the future to Bekosense. 10.2. Bekosense will take direct legal action with any individual, institution or business that copy in any way its software, brands or documentation or other related elements without explicit written confirmation from Bekosense.