The service "En-Gager" is offered over the internet in the form of Software-as-a-Service by the company Engager Groep B.V.. The use of En-Gager is subject to the below terms and conditions. Using En-Gager constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Engager Groep B.V..
1.1. The service En-Gager allows you to create online forms for third parties to fill in and to process the results for online viewing. It is up to you which data you want people to fill in and what you do with the results.
1.2. To use En-Gager, you first need to register. After completing registration, you can directly log into your account and use the servce. 1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Engager Groep B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Engager Groep B.V. that someone else knows your password.
1.4. En-Gager allows you to process personal data. Engager Groep B.V. acts as a processor as that term is defined in the General Data Protection Regulation; you are the controller. You indemnify and hold harmless Engager Groep B.V. against all claims by third parties in connection with this Act.
2.1. It is not permitted to use En-Gager for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.3. In addition, on En-Gager it is forbidden to
and to do anything that violates applicable netiquette.
2.4. Should Engager Groep B.V. discover that you violate any of the above, or receive a complaint alleging the same, Engager Groep B.V. will issue a warning. If the warning does not lead to an acceptable resolution, then Engager Groep B.V. may intervene to end the violation. In urgent of serious cases Engager Groep B.V. may intervene without warning.
2.5. If in the opinion of Engager Groep B.V. the continued functioning of the computer systems or network of Engager Groep B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Engager Groep B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.6. Engager Groep B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
3.1. Engager Groep B.V. uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Engager Groep B.V. actively maintains En-Gager. In case maintenance is reasonably expected to negatively impact availability, Engager Groep B.V. carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Engager Groep B.V. may from time to time adapt En-Gager. Your feedback and suggestions are welcome but ultimately Engager Groep B.V. decides which adaptations to carry out (or not).
4.1. The service En-Gager, the accompanying software as well as all information and images on the website is the intellectual property of Engager Groep B.V.. None of these items may be copied or used without prior written permission of Engager Groep B.V., except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Engager Groep B.V. receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Engager Groep B.V., for example a bug report or suggestion for improvement, you grant Engager Groep B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Engager Groep B.V. shall refrain from accessing data you store or transfer using En-Gager, unless this is necessary for a good provision of the service or Engager Groep B.V. is forced to do so by law or order of competent authority. In these cases Engager Groep B.V. shall use its best efforts to limit access to the information as much as possible.
5.1. The use of En-Gager is subject to a fee which is due every month. The fee must be paid in advance.
5.2. Payment is possible by making a wire transfer to the account of Engager Groep B.V., or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
6.1. Except in case of intentional misconduct or gross negligence the liability of Engager Groep B.V. shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Engager Groep B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Engager Groep B.V. at most two months after discovery.
6.4. In case of force majeure Engager Groep B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Engager Groep B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Engager Groep B.V. shall first send a reminder mail to the e-mail address connected to your account.
7.4. You can export the you store or process using the service at any time through the service interface.
8.1. Engager Groep B.V. may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. Engager Groep B.V. shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of En-Gager after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with En-Gager shall be brought before the competent Dutch court for the principal place of business of Engager Groep B.V..
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the En-Gager service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Engager Groep B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Engager Groep B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of En-Gager or the associated business activities.