General terms and conditions WebinarGeek
Date: 1 September 2020
Version: 2.1
These are the general terms and conditions of WebinarGeek, located at Chroomstraat 12 in Zoetermeer and registered with the Chamber of Commerce under number 68420765.
These terms and conditions apply to every agreement that WebinarGeek concludes with its customers. In some cases, additional or different provisions apply to consumers. Where that is the case, this is clearly indicated.
1. Definitions
The terms written in capital letters in these general conditions always have the meaning assigned to them (both singular and plural).
1.1. Account: user's personal account with which he or she gains access to the Service.
1.2. General Terms and Conditions: these terms and conditions.
1.3. Consumer: any natural person who does not act in the exercise of a profession or business, as referred to in Article 193a of Book 6 of the Dutch Civil Code.
1.4. Data: all data stored by the User through the Services, or provided by the User to WebinarGeek for processing using the Services.
1.5. Services: all services that WebinarGeek provides under the Agreement, including at least a SaaS solution for independently organizing webinars.
1.6. User: natural or legal person, whether or not acting in a professional or company that has registered on the Website and with whom WebinarGeek concludes the Agreement.
1.7. Intellectual Property Rights: intellectual property rights including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
1.8. Materials: all websites, (web) applications, house styles, logos, brochures, brochures, leaflets, lettering, advertisements, marketing and / or communication plans, concepts, images, texts, sketches, documentation, advice, reports and (other) products from the spirit, as well as preparatory material thereof and the data carriers on which these materials are located.
1.9. Agreement: agreement between WebinarGeek and the User on the basis of which WebinarGeek will deliver the Service to the User and to which the General Terms and Conditions form an integral part.
1.10. Trial period: first 14-day period during which the User can use the Service free of charge and without obligation.
1.11. Confidential Information: non-public information that is related to one or both Parties and information for which a Party indicates that this information is confidential, or which, according to the nature of the information or under the circumstances under which the disclosure takes place, should be treated as confidential. Treated.
1.12. WebinarGeek: WebinarGeek B.V. located at Chroomstraat 12 in Zoetermeer and registered with the Chamber of Commerce under number 68420765.
1.13. Website: WebinarGeek website, accessible via the www.webinargeek.com domain, and associated subdomains.
2. Formation and interpretation of the Agreement
2.1. The General Terms and Conditions apply to all offers, including offers from WebinarGeek, the execution of work by or on behalf of WebinarGeek and the execution of (future) Agreements.
2.2. User can request the Services of WebinarGeek directly by creating an Account on the Website. The Agreement with the User is established through the complete completion of the online ordering process and the confirmation of the order by e-mail by WebinarGeek.
2.3. User can also request WebinarGeek to make a quotation or other written offer. In such a case, the Agreement is concluded at the moment that the User accepts WebinarGeek's offer.
2.4. The applicability of any purchase or other conditions of the User is explicitly excluded.
2.5. The application of article 227b paragraph 1 and 227c of book 6 of the Dutch Civil Code is excluded, unless the User has concluded the Agreement in the capacity of Consumer.
3. Implementation of the agreement
3.1. After the Agreement has been concluded, WebinarGeek will make every effort to start implementing the Agreement as soon as possible. The (delivery) periods announced by WebinarGeek are indicative and do not count as deadlines.
3.2. User will offer WebinarGeek all support that is reasonably necessary and desirable to enable a correct and timely delivery of the Services. In any case, the User will provide all information that WebinarGeek indicates to be necessary, or which the User must reasonably understand to be necessary for the performance of the Agreement.
3.3. WebinarGeek will endeavor to take into account requests from the User in the implementation of the Agreement. If a request from the User cannot be granted, WebinarGeek will explain why not.
3.4. WebinarGeek has the right to engage third parties for the implementation of the Agreement. If that is the case, then the conditions of the third party also apply to (the use of) those products and / or services. Any related costs will only be borne by the User if this has been agreed in advance.
4. Trial period
4.1. The Trial period gives the User free access to the Service from the moment the User activates the Trial period in the Account.
4.2. The Trial Period is intended to allow a new User to try out the WebinarGeek Service. WebinarGeek determines at its own discretion whether the User is eligible for the Trial Period and can limit the use and / or the conditions to prevent abuse of the Trial Period.
4.3. After the end of the Trial period, access to the Service ends automatically. To be able to use the Service even after the Trial Period, the User concludes an Agreement through the ordering process on the Website.
4.4. Data is stored in the User's Account for fourteen (14) days after the end of the Trial Period if the User does not enter into a new Agreement. If the User concludes a new Agreement, the Data is transferred.
5. Account
5.1 The Service allows the User to easily record webinars. The Service is accessible by logging into the Account by the User.
5.2. To be able to use the Service, the User creates an Account by registering on the Website. The Account can be accessed by entering a self-chosen username and password.
5.3. An Account and the login details are strictly personal and may not be shared with another person. The user must keep the login details secret.
5.4. WebinarGeek may assume that everything that happens from the User's Account after registration with the associated user name and password, is done under the direction and supervision of the User. The user is therefore liable for all these actions.
5.5. In the event of a suspicion of misuse of the Service, the User must notify WebinarGeek without delay and the User must change the (login) data.
5.6. Communication about existing Agreements, changed or newly concluded via the Account, is sent to the email address linked to the Account. The user declares that the e-mail address provided by WebinarGeek is suitable for this communication and is solely under the control of the user. The User is obliged to immediately communicate any change in e-mail address or other relevant data (such as name, address or account number) via the Account.
6. Usage rules
6.1. User guarantees that the Services will not be used for activities that are in violation of any applicable laws or regulations. In addition, it is expressly prohibited (regardless of whether this is lawful or not) to offer or distribute Materials through the Services that:
6.1.1. contain malicious content (such as malware or other harmful software);
6.1.2. infringe the rights of third parties (such as Intellectual Property Rights), or be malicious, defamatory, insulting, discriminatory or hatred;
6.1.3. contain information about or may be helpful in violating the rights of third parties, such as hacking tools or explanation about computer crime;
6.1.4. contain hyperlinks, torrents or references with (locations of) Materials that infringe copyright or other intellectual property rights; or
6.1.5. contain child pornography, bestiality pornography or animations thereof or are apparently aimed at helping others to find such Materials.
6.2. In addition, it is prohibited to use the Service in such a way that inconvenience or nuisance is caused to third parties. This includes the use of your own scripts or programs or the excessive calling of the Service.
6.3. If WebinarGeek finds or has a reasonable suspicion that the User is infringing the above or legal provisions, or receives a complaint about this, she will warn the User. If this does not lead to an acceptable solution, WebinarGeek may intervene itself to end the violation. In urgent or serious cases, WebinarGeek can intervene without warning.
6.4. WebinarGeek can recover the damage as a result of violations of these rules of conduct from the User. The user indemnifies WebinarGeek against all third-party claims that relate to damage as a result of a violation of these user rules. If the User acts in the capacity of the Consumer, the aforementioned indemnity does not apply, but the User is fully liable in the cases in which this arises from applicable laws and regulations.
7. Notice and Takedown
7.1. If WebinarGeek is informed that, using the Services, Data is being stored or disseminated which infringes the rights of third parties, or otherwise acts unlawfully or in violation of the Agreement, WebinarGeek will, if possible, inform the User as soon as possible. making a complaint or violation. In urgent cases, WebinarGeek can intervene immediately (for example by deleting the Data or blocking the Service in whole or in part), but WebinarGeek makes every effort to inform the User afterwards. In exceptional cases, at WebinarGeek's judgment, WebinarGeek is not required to inform the User.
7.2. WebinarGeek is entitled to transfer the name, address and other identifying information of the User and / or the relevant User to a third party who complains that the User and / or the relevant User infringes his rights or the competent authorities, in the event that:
7.2.1 WebinarGeek is obliged to do so on the basis of applicable laws or regulations (such as in the case of an authorized court order); or
7.2.2. WebinarGeek is of the opinion that it is sufficiently plausible that User has acted unlawfully and has caused damage to the third party, the third party has a real interest in obtaining the data, WebinarGeek considers it plausible that there is no less drastic possibility to retrieve the data and the consideration of the interests involved means that the interests of the third party should prevail.
7.3. If there is potentially criminal Data, WebinarGeek is entitled to report this. WebinarGeek can hereby hand over the Data and all relevant information about the User to the competent authorities and perform all other actions requested by the authorities in the context of the investigation.
7.4. WebinarGeek, as an intermediary, is not liable for the Data that the User distributes by using the Service. The User indemnifies and will hold WebinarGeek harmless for any form of third party claim, indictment or dispute in connection with (the content of) the Data or information that is placed on or distributed by the User via the Service. If the User acts in the capacity of the Consumer, the aforementioned indemnity does not apply, but the User himself is responsible for the Data that the User distributes through the use of the Service and is fully liable in the cases in which this arises from applicable laws and regulations.
8. Onboarding
8.1.If the User has included an onboarding session, WebinarGeek will ensure that the onboarding takes place in accordance with what the Parties have agreed. During the onboarding the User will render all necessary cooperation and comply with reasonable requests from WebinarGeek.
8.2. The onboarding is performed on the basis of the applicable prices as stated on the Website.
8.3. The onboarding takes place on a location that is chosen by WebinarGeek. WebinarGeek is allowed to change the content, location and dates/times of the onboarding. The User will be notified of these changes not later than two (2) weeks before the start of the onboarding.
8.4. Cancellation of the onboarding by the User is exclusively possible if WebinarGeek has been notified in writing not later than two (2) weeks before the start of the onboarding.
8.5.In the case of cancellation any preparation costs will be charged.
9. Studio rental
9.1. WebinarGeek offers the User the possibility to rent a studio space including equipment. The rental period consists of the number of hours that have been reserved by the User. The rental period applies to at least one (1) hour. This includes any basic explanation, setting up of the equipment, persons and/or products.
9.2. The reservation is made through the contact option on the Website. The applicable costs can be found on the Website.
9.3.Cancellation of a studio space by the User is exclusively possible if WebinarGeek has been notified in writing not later than one (1) week before the start of rental period.
9.4.In the case of late cancellation, the User owes WebinarGeek the total sum.
10. Availability and maintenance
10.1. WebinarGeek strives to keep the Service available as much as possible, but gives no guarantees about this.
10.2. If, in the opinion of WebinarGeek, there is a risk to the functioning of the computer systems or network of WebinarGeek or third parties, for example in the case of a (d) dos attack or activities of malware, WebinarGeek has the right to take all measures that they deems it reasonably necessary to avert the danger and to limit or prevent damage. This can result in limited availability.
10.3. WebinarGeek strives to keep the software and firmware used up-to-date, but is partly dependent on its suppliers. WebinarGeek has the right not to install certain updates or upgrades if, in its opinion, this does not benefit the operation of the Services.
10.4. Performing updates and upgrades may cause WebinarGeek systems and networks to be temporarily unavailable or to a limited extent only available. WebinarGeek will endeavor to have maintenance work carried out as far as possible outside office hours and will endeavor to inform the User in good time about planned maintenance work if the User may be inconvenienced by this.
11. Help desk
11.1. WebinarGeek will offer a reasonable level of support to the User with general practical and technical questions related to the Services.
11.2. WebinarGeek makes general information about the Services available via the Website. If the information does not provide an answer to the question of the User, the User can contact the WebinarGeek help desk. The help desk is available on the Website via the chat function.
11.3. WebinarGeek strives to handle help desk requests within a reasonable period of time. However, the time required to resolve notifications can vary because the notifications can involve a variety of requests or issues.
12. Intellectual property rights
12.1. All Data remains the property of the User. WebinarGeek will not make any ownership claims on this. User provides WebinarGeek with a non-transferable and only to the extent necessary for the performance of the Agreement a sublicensable license to use the Data for the duration of the Agreement, to the extent necessary for the provision of the Services.
12.2. All Intellectual Property Rights on the Services and Materials made available to the User by WebinarGeek in the context of the Agreement rest with WebinarGeek or its licensors.
12.3. User receives from WebinarGeek the non-exclusive, non-transferable user rights with regard to the Service insofar as they result from the Agreement or which have been otherwise granted in writing. The rights of use apply for the duration of the Agreement.
12.4. User is not entitled to make changes to the Materials and has no right to access or a copy of the source files of any software made available by WebinarGeek. It is also expressly not permitted to retrieve these source files by means of reverse engineering, decompilation or otherwise, except to the extent permitted by mandatory law.
12.5. WebinarGeek can take (technical) measures to protect the Materials. If WebinarGeek has taken such security measures, the User is not allowed to evade or remove this security.
12.6. The User is not permitted to remove or change any indication of copyright, brands, trade names or other Intellectual Property Rights from the Materials.
13. Liability and force majeure
13.1. The liability of WebinarGeek for damage as a result of a shortcoming in the fulfillment of the Agreement, an unlawful act or otherwise, is limited per event (in which a series of consecutive events counts as one event) to the amount, exclusive of VAT, that the User charges on under the Agreement is due over a period of six (6) months prior to the occurrence of the damage.
13.2.