Legal information

On this page you will find Snappshots’s legal information

(information in accordance with section 5 TMG)
 
Snappshot VOF

Marc Bor and Arno Bor

Oude Boekeloseweg 7
7553 DS Hengelo

Netherlands


Contact

Telephone +31 (0)74 8080 218

E-mail support@snappshot.nl

Website https://www.snappshot.party
 
Disclaimer
Accountability for content
(information in accordance with section 5 TMG)
 
Snappshot VOF
Marc Bor and Arno Bor
Oude Boekeloseweg 7
7553 DS Hengelo
Netherlands

Contact
Telephone +31 (0)74 8080 218
E-mail support@snappshot.nl
Website https://www.snappshot.party
 
Disclaimer
Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this context, please note that we are accordingly not obliged to monitor merely the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per § 8 to 10 of the Telemedia Act (TMG).
 
Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
 
Copyright
Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law (§ 44a et seq. of the copyright law), every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable (§ 106 of the copyright law).
 
Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
 
Copyright
Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law (§ 44a et seq. of the copyright law), every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable (§ 106 of the copyright law).


Dear (potential) Snappshot customer,

Your privacy is important to us. We are happy to inform you of our new privacy statement. We have amended this statement due to the new European privacy legislation (GDPR). This statement is more extensive than before and is written in comprehensible language. This makes us even more transparent about what we do with your personal data.

This privacy statement provides information about:
Data we collect from you and for what purpose.
Measures we have taken to protect your personal data.
What rights you have in regard to your personal data and how you can exercise these rights.

For all additional information about the protection of personal data, you can visit the website of the Dutch Data Protection Authority: https://autoriteitpersoonsgegevens.nl/nl.

What personal data does Snappshot process?
App:
Facebook User ID of the person downloading the app, when the potential user enters the party code/event code of the event. Before that, Snappshot does not receive any personal data in any way. If you use Snappshot at a public event, it is possible that our client can use the Pixel data obtained by us. This is NEVER done at private events.
After entering the party code/event code, you can enter a name or alias in our app to give the photos you take a personal touch. This name/alias is not used by us except on the screen below the photo you have taken and in the download of the photos of our client.
When you post a photo, some data are sent from your phone. In particular:
The unique ID (UID Key), which is linked to your telephone;
Brand, type and (version) operating system of your telephone.
We only use these data to make our system work properly and to obtain statistics to improve the workability of our app. These data cannot be traced back to you as a person.
Tell a friend module
Suppose you are having a great party where Snappshot is used, and you want a friend or someone else to get acquainted with Snappshot. Then you can use this button. You can choose to do this by using; WhatsApp, Facebook Messenger or email. After you press the
”Tell a friend” button you can indicate which medium you want to use. And then you send a message with a unique discount code to your ”Friend”. We do not store any personal data for this process.

My.Snappshot
Name and email are saved by default, other data such as name and address and profile photo can be entered manually in our system. We use name and email in communication about Snappshot. And name and address data can be used if we need to send flyers to you as part of the package you have purchased. These data are not used for commercial purposes without permission. These data are also stored after the party/event that you have purchased, so you can always return to your own Dashboard. In this Dashboard you can, up to 30 days after the party/event, download photos and create new party codes/event codes in the future if you wish. If you do not want this, you can log in at any time to delete your account and the data associated with it. This is possible by clicking on the ”forget me” button in the menu.

When you use the ”Invite your guests” button in MySnappshot, you send a message to your guests/visitors to inform them that you are using Snappshot. We do not store any data about these people. After all, you use your own WhatsApp, Facebook or email to inform them. You can manually adjust the data you send by using this button in the message.

Website (Snappshot.party)
As a visitor to our website, we use Facebook pixel and Google Analytics to monitor the use of the website. We can also send you targeted (and relevant) marketing messages within Facebook /Instagram. We have explicitly indicated to Google that we will NOT store your IP address.

If you fill in the contact form on our website, your name and email address will be sent to the person within our organisation who will follow up your question or contact request. These data are retained as long as the contact between you and us exists.
Also, if we need these data to be able to perform our service, we will keep them for as long as we need to. Once the service has been performed, we will keep your data in our system in order to be of better service to you in the event of any future requests, unless of course you ask us to remove these data.

Try our app”: You can take a photo with your webcam, which will then be shown in an example screen view to give you an impression of how our system works. This photo is only used locally and is not stored in our systems.
When you leave our website or refresh or close the browser, the photo will be destroyed.

Accounting programme/accounting
We use the Moneybird accounting programme. The data we store here are only necessary to be able to do our invoicing adequately. These data are only provided to the authorities that need these data (the tax authorities, for example). Our Bookkeeping Programme can only be accessed by the owners and accountant of Snappshot. This is done through personal login codes and via a secure URL.

CRM system
In our CRM system (our own software, MySnappshot.nl), we store customer data that are necessary for communication between us and our customers, partners and suppliers. We process additional customer data such as date of birth etc. to send you a card on your birthday, for example. It’s just something we do.

Email
If we talked at a trade show and we received your email address, we will only use this to follow up on this contact. Even when you email us or fill out our contact form, we will only use your email address for correspondence about Snappshot. If you wish us to remove your email address from our database, please let us know.

Telephone
When we receive your telephone number, we may have a reason to call you, for example when you have asked a question through our website or when you have provided this telephone number in your MySnappshot environment. Always handy to be able to call each other. Telephone numbers are never stored in our mobile phones but always in our CRM or MySnappshot, which is password protected.

MEASURES WE HAVE TAKEN TO PROTECT YOUR PERSONAL DATA
All software we use when processing personal data is provided with a password or login code, nothing is accessible to unauthorized persons.
For data processing, we only work with certified parties. We also conclude a processing agreement with these parties to ensure that your data are safe with us. We do not like questionable practices, so we will never cooperate with such parties.

What rights do you have in regard to your personal data and how can you exercise these rights?
You decide what data we store about you, apart from the data that we legally need from you, for the tax authorities for example. Do you want specific data or all your data removed from our system? That is possible! Send us an email at: avg@snappshot.nl stating the specific data you want deleted or a statement that you want all of your data deleted. If you have a MySnappshot account, you can also do this through MySnappshot, after we execute your assignment, of course. You can do this by clicking on the ”Forget me” button in the menu. We will ask you a few questions to help you in a targeted fashion.

These General Terms and Conditions apply to the information, files and services as supplied through the snappshot.nl website, the associated app, the supplied equipment and any agreement concluded by Snappshot VOF with the Client.

Article 1 – Definitions
Account: the strictly personal account that provides the Client with access to the App.
App: the app (software) developed by Snappshot VOF that is installed by End Users on mobile phones or other (mobile) computers.
Licence: the licence issued by Snappshot VOF to the Client that provides the right to access and use of the App for a period of 1 day.
General Terms and Conditions: these general terms and conditions.
Administrator(s): the person(s) designated as the contact person for the Contractor and End Users. If the online ordering process is used, the Client will add this person as a contact person and administrator.
End User(s): the natural person(s) who use the App.
Intellectual Rights: all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as domain names and rights to know-how.
Client: the legal person or natural person with whom the Contractor concludes the Agreement.
Consumer: the natural person, not acting in the capacity of a profession or business.
Contractor: Snappshot VOF., established in Hengelo at Glanestraat 36 and registered with the Chamber of Commerce under number 513547131.
Agreement: the (online) concluded agreement between the Client and the Contractor based on which the Contractor makes the App available to the Client.
Party/Parties: Client and Contractor
Personal Data: data that can be traced directly or indirectly to a natural person, as referred to in Art. 1 under a of the Personal Data Protection Act.
Written/In writing: this includes email and fax messages in addition to written and signed paper to the extent that the origin and integrity of these messages is sufficiently established.
Website: snappshot.nl.
Works: all products in the field of literature, science or art.
Business days: Monday to Friday from 9 a.m. to 5 p.m. excluding national holidays: New Year’s Day, Easter Monday, King’s Day, Ascension Day, Whitsun Monday, Christmas Day and Boxing Day.

Article 2 – Applicability and change of conditions
The General Terms and Conditions apply to the Agreement and all other offers from the Contractor.
Any general terms and conditions of the Client are expressly rejected.
Deviations from and additions to the General Terms and Conditions and/or the Agreement are only valid if agreed In Writing between the Parties.
If any provision of the General Terms and Conditions is invalid or null and void, the remaining provisions of these General Terms and Conditions will remain in full force. The Contractor will replace the invalid or annulled provisions by new provisions, whereby the purpose and purport of the invalid or annulled provision will be taken into account as much as possible.
If any provision of the General Terms and Conditions is invalid or null and void, the Parties will consult with each other in order to agree new provisions to replace the invalid and/or null and void provisions, whereby the purpose and purport of the invalid or annulled provision is taken into account as much as possible.
The administration of the Contractor is leading, subject to proof to the contrary by the Client.

Article 3 – Conclusion and termination of the Agreement
The Agreement is concluded by completing the online ordering process of the App on the snappshot.nl website, or in another written manner agreed by the Parties.
The Agreement is entered into for the duration of the licence granted and ends by operation of law unless otherwise agreed In Writing.
Up to 28 days after the end of the Agreement, the Client may request the Contractor to digitally send the files stored through the use of the App.
Premature termination of the Agreement by a legal or natural person acting in the capacity of a profession or business is not possible. The applicability of Art. 7:408, paragraph 1 of the Dutch Civil Code is excluded.

Article 4 – Withdrawal by Consumers
In the event of delivery of services by the Contractor involving a distance purchase, the Consumer is entitled to dissolve the Agreement, without giving reasons, for a period of 14 days, starting on the effective date of the Agreement.
To exercise their right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by Snappshot VOF in this context at the time of the offer and/or at the latest at the time of delivery.
The Contractor excludes the Consumers’ right of withdrawal if delivery is initiated with the Consumer’s explicit consent before the cooling-off period has expired.

Article 5 – Limitation of liability
The Contractor has made every effort to develop the App as safe and secure as possible.
The liability of the Contractor for direct damage suffered by the Client as a result of an attributable shortcoming in the fulfilment by the Contractor of their obligations under the Agreement, or as a result of unlawful action by the Contractor, their employees or third parties engaged by them, is limited to the amount invoiced to the Client per event or a series of related events in the current calendar year and paid by the Client.
The Contractor’s liability for indirect damage, including consequential damage, reputation damage, loss of profits, loss of savings, destruction or loss of (business) data and damage due to business interruption is excluded.
The exclusions and limitations of liability described will lapse if and in so far as the damage is the result of intent or deliberate recklessness on the part of the Contractor’s management.
The liability of the Contractor for attributable failure to fulfil the Agreement arises only if the Client gives the Contractor immediate and proper Written notice of default, stating a reasonable period in which to remedy the failure, and the Contractor also falls short of the fulfilment of their obligations beyond that period. The notice of default must give as detailed a description as possible of the shortcoming, so that the Contractor is able to respond adequately.
The Contractor is never liable for damage caused by force majeure, as described in Article 6.
A condition for the existence of any right to compensation is always that the Client reports the damage in writing to the Contractor within 30 days of its occurrence.

Article 6 – Force majeure (faults)
None of the Parties is obliged to fulfil any obligation, including any obligation of result agreed between the Parties, if they are prevented from doing so due to force majeure. Force majeure includes: (1) force majeure of suppliers of Client or Contractor, (2) failure to properly fulfil obligations of suppliers that are prescribed by Client to Contractor, (3) defective goods, equipment, software or materials of third parties of which the use has been prescribed by the Client to the Contractor, (4) government measures, (5) electricity failure, (6) internet, computer network or telecommunication facilities disruption, (7) DDoS and/or DoS attack (8) war and (9) strike.
If a force majeure situation lasts longer than ninety days, each of the Parties has the right to terminate the Agreement In Writing. In that case, what has already been performed under the Agreement will be settled proportionally, without the Parties owing each other anything to the extent that this arises from the situation of force majeure.

Article 7 – Fee and payment
After registering, the Client will receive a Licence and thus access to Account for a period of 1 (one) day. The Client can use the App from 0.01 a.m. of the chosen day until 6.00 a.m. the following day. If the Client purchases the Licence on the day that they wish to use it, the Licence is valid from the time of purchase until 6.00 a.m. the following day.
The Client pays the Contractor the fee for the Licence as stated in the Agreement.
If the Client does not pay within the payment period, the Contractor will use the collection procedure regulated by law. The Contractor sends a free reminder in which the Client is given a period of 14 days to still pay the invoice. The reminder also states which collection costs will be charged if payment is not made within the period of 14 days. The scale of extrajudicial collection costs is used for this. If the Client does not pay in time, the Contractor will send a new reminder in which the collection costs will be charged.
The Client is not entitled to set off or suspend any payment or amounts due, for any reason.
From the moment that the Client does not (fully) fulfil their payment obligations under the Agreement or is otherwise in default, the Client is not/no longer permitted to use the App and/or the results made available, and each Licence granted to the Client within the framework of the Agreement expire immediately, unless the Client’s failure is of minor importance in the light of the entire assignment.

Article 8 – Account
The Contractor creates an Account for the Administrator.
Use of the Account, and the associated username and password, is only permitted by the associated natural person. The Client and the Administrator must keep these data for their own use and may never make these data available to third parties.
Every action that takes place through the username and password of the Client is deemed to take place under the responsibility and risk of the Client. In the event of a suspicion of misuse of the username and/or password of the Administrator and/or End Users, the Client must report this to the Contractor as soon as possible, regardless of their own obligation to take immediate measures against (further) misuse thereof.

Article 9 – Intellectual Property
The Contractor is entitled to the Intellectual Rights related to the App. The Client only receives the user rights that are granted to them in this article and/or by Agreement. The Client’s right of use does not mean that they are entitled to obtain the source code. The user rights do not give the right to grant one or more sublicences to third parties.
The Client receives a non-transferable user right from the Contractor to use the App for the duration of the Agreement for the benefit of the Intellectual Rights related to (parts of) the App.
The Client indemnifies the Contractor against any claim relating to Intellectual Property Rights of materials or information supplied by the Client and used in the performance of the order.
The Client indemnifies the Contractor against all third-party claims related to the use of the App and/or the information contained therein.
All Works provided by the Client to the Contractor in the context of the execution of the Agreement becomes the property of the Contractor. The Contractor shall be entitled in regard to all intellectual property rights related to the provided Works.
Unless otherwise agreed, the Client is not permitted, without written permission from the Contractor, to make changes or to have changes carried out to the provisional or definitive design of the App.

Taking into account the interests of the Client, the Contractor is free to use the App (including the design and the images/texts that have been designed or prepared by or on behalf of the Client) for their own publicity or promotion.

Article 10 – Advertisements
The Contractor is entitled to add advertisements and/or other messages of a commercial nature (hereinafter: Advertisements) of the Contractor or a third party to the App at their own discretion, without the need for any permission from the Client to do so.
The Contractor will take into account the legitimate interest of the Client. The Contractor is entitled to any compensation in respect of Advertisements in the App. The Client cannot claim (part of) this compensation. Nor is the Client entitled to any other compensation, discount or refund.

Article 11 – Confidentiality
The Parties will treat information they provide to each other before, during or after the execution of the Agreement confidentially.
The Contractor is entitled to show third parties that they supply the App to the Client in order to promote the App. The Contractor will take all precautionary measures to protect the interests of the Client.

Article 12 – Maintenance and change
The Contractor has the right to temporarily suspend their systems for maintenance (planned and unplanned), modification or improvement of the App. The Contractor will endeavour to inform the Client in good time about any planned shutdown.
The Contractor is never liable for compensation for damage in connection with system shutdown for maintenance. Because the App is delivered to multiple Clients, it is not possible to waive a specific adjustment only for the Client. The Contractor is not obliged to pay any compensation for damages when adjusting the App.
The Contractor has the right to adjust their systems used for the App, or parts thereof, from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, the Contractor will endeavour to inform the Client thereof. In the case of adjustments that are relevant for several Clients, it is not possible to waive a specific adjustment only for the Client. The Contractor is not obliged to pay any compensation for damages caused by such an adjustment.
The Contractor will endeavour to inform the Client about the nature and expected duration of the interruption in the event of the App not being available, due to malfunctions, maintenance or other causes.
The Contractor will endeavour to keep the software they use for the App up to date.

Article 13 – Availability of the App
The App is delivered by the Contractor based on best effort: The Contractor will make every effort to deliver the App as well as possible but does not give any guarantees with regard to its performance.

Article 14 – Applicable Law
All legal relationships to which the Contractor is a party are governed exclusively by Dutch law, even if a contract is executed wholly or partly abroad, or if the party involved in the legal relationship is domiciled there.
The Court of Overijssel has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise.
The Parties will only appeal to the Court after having made every effort to resolve a dispute by mutual agreement.

Article 1 – Definitions

    1. Account: the strictly personal account that provides the Client with access to the App.
    2. App: the app (software) developed by Snappshot VOF that is installed by End Users on mobile phones or other (mobile) computers.
    3. Licence: the licence issued by Snappshot VOF to the Client that provides the right to access and use of the App for a period of 1 day.
    4. General Terms and Conditions: these general terms and conditions.
    5. Administrator(s): the person(s) designated as the contact person for the Contractor and End Users. If the online ordering process is used, the Client will add this person as a contact person and administrator.
    6. End User(s): the natural person(s) who use the App.
    7. Intellectual Rights: all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as domain names and rights to know-how.
    8. Client: the legal person or natural person with whom the Contractor concludes the Agreement.
    9. Consumer: the natural person, not acting in the capacity of a profession or business.
    10. Contractor: Snappshot VOF., established in Hengelo at Glanestraat 36 and registered with the Chamber of Commerce under number 513547131.
    11. Agreement: the (online) concluded agreement between the Client and the Contractor based on which the Contractor makes the App available to the Client.
    12. Party/Parties: Client and Contractor
    13. Personal Data: data that can be traced directly or indirectly to a natural person, as referred to in Art. 1 under a of the Personal Data Protection Act.
    14. Written/In writing: this includes email and fax messages in addition to written and signed paper to the extent that the origin and integrity of these messages is sufficiently established.
    15. Website: snappshot.nl.
    16. Works: all products in the field of literature, science or art.
    17. Business days: Monday to Friday from 9 a.m. to 5 p.m. excluding national holidays: New Year’s Day, Easter Monday, King’s Day, Ascension Day, Whitsun Monday, Christmas Day and Boxing Day.

Article 2 – Applicability and change of conditions

    1. The General Terms and Conditions apply to the Agreement and all other offers from the Contractor.
    2. Any general terms and conditions of the Client are expressly rejected.
    3. Deviations from and additions to the General Terms and Conditions and/or the Agreement are only valid if agreed In Writing between the Parties.
    4. If any provision of the General Terms and Conditions is invalid or null and void, the remaining provisions of these General Terms and Conditions will remain in full force. The Contractor will replace the invalid or annulled provisions by new provisions, whereby the purpose and purport of the invalid or annulled provision will be taken into account as much as possible.
    5. If any provision of the General Terms and Conditions is invalid or null and void, the Parties will consult with each other in order to agree new provisions to replace the invalid and/or null and void provisions, whereby the purpose and purport of the invalid or annulled provision is taken into account as much as possible.
    6. The administration of the Contractor is leading, subject to proof to the contrary by the Client.

Article 3 – Conclusion and termination of the Agreement

    1. The Agreement is concluded by completing the online ordering process of the App on the snappshot.nl website, or in another written manner agreed by the Parties.
    2. The Agreement is entered into for the duration of the licence granted and ends by operation of law unless otherwise agreed In Writing.
    3. Up to 28 days after the end of the Agreement, the Client may request the Contractor to digitally send the files stored through the use of the App.
    4. Premature termination of the Agreement by a legal or natural person acting in the capacity of a profession or business is not possible. The applicability of Art. 7:408, paragraph 1 of the Dutch Civil Code is excluded.

Article 4 – Withdrawal by Consumers

    1. In the event of delivery of services by the Contractor involving a distance purchase, the Consumer is entitled to dissolve the Agreement, without giving reasons, for a period of 14 days, starting on the effective date of the Agreement.
    2. To exercise their right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by Snappshot VOF in this context at the time of the offer and/or at the latest at the time of delivery.
    3. The Contractor excludes the Consumers’ right of withdrawal if delivery is initiated with the Consumer’s explicit consent before the cooling-off period has expired.

Article 5 – Limitation of liability

    1. The Contractor has made every effort to develop the App as safe and secure as possible.
    2. The liability of the Contractor for direct damage suffered by the Client as a result of an attributable shortcoming in the fulfilment by the Contractor of their obligations under the Agreement, or as a result of unlawful action by the Contractor, their employees or third parties engaged by them, is limited to the amount invoiced to the Client per event or a series of related events in the current calendar year and paid by the Client.
    3. The Contractor’s liability for indirect damage, including consequential damage, reputation damage, loss of profits, loss of savings, destruction or loss of (business) data and damage due to business interruption is excluded.
    4. The exclusions and limitations of liability described will lapse if and in so far as the damage is the result of intent or deliberate recklessness on the part of the Contractor’s management.
    5. The liability of the Contractor for attributable failure to fulfil the Agreement arises only if the Client gives the Contractor immediate and proper Written notice of default, stating a reasonable period in which to remedy the failure, and the Contractor also falls short of the fulfilment of their obligations beyond that period. The notice of default must give as detailed a description as possible of the shortcoming, so that the Contractor is able to respond adequately.
    6. The Contractor is never liable for damage caused by force majeure, as described in Article 6.
    7. A condition for the existence of any right to compensation is always that the Client reports the damage in writing to the Contractor within 30 days of its occurrence.

Article 6 – Force majeure (faults)

    1. None of the Parties is obliged to fulfil any obligation, including any obligation of result agreed between the Parties, if they are prevented from doing so due to force majeure. Force majeure includes: (1) force majeure of suppliers of Client or Contractor, (2) failure to properly fulfil obligations of suppliers that are prescribed by Client to Contractor, (3) defective goods, equipment, software or materials of third parties of which the use has been prescribed by the Client to the Contractor, (4) government measures, (5) electricity failure, (6) internet, computer network or telecommunication facilities disruption, (7) DDoS and/or DoS attack (8) war and (9) strike.
    2. If a force majeure situation lasts longer than ninety days, each of the Parties has the right to terminate the Agreement In Writing. In that case, what has already been performed under the Agreement will be settled proportionally, without the Parties owing each other anything to the extent that this arises from the situation of force majeure.

Article 7 – Fee and payment

    1. After registering, the Client will receive a Licence and thus access to Account for a period of 1 (one) day. The Client can use the App from 0.01 a.m. of the chosen day until 6.00 a.m. the following day. If the Client purchases the Licence on the day that they wish to use it, the Licence is valid from the time of purchase until 6.00 a.m. the following day.
    2. The Client pays the Contractor the fee for the Licence as stated in the Agreement.
    3. If the Client does not pay within the payment period, the Contractor will use the collection procedure regulated by law. The Contractor sends a free reminder in which the Client is given a period of 14 days to still pay the invoice. The reminder also states which collection costs will be charged if payment is not made within the period of 14 days. The scale of extrajudicial collection costs is used for this. If the Client does not pay in time, the Contractor will send a new reminder in which the collection costs will be charged.
    4. The Client is not entitled to set off or suspend any payment or amounts due, for any reason.
    5. From the moment that the Client does not (fully) fulfil their payment obligations under the Agreement or is otherwise in default, the Client is not/no longer permitted to use the App and/or the results made available, and each Licence granted to the Client within the framework of the Agreement expire immediately, unless the Client’s failure is of minor importance in the light of the entire assignment.

Article 8 – Account

    1. The Contractor creates an Account for the Administrator.
    2. Use of the Account, and the associated username and password, is only permitted by the associated natural person. The Client and the Administrator must keep these data for their own use and may never make these data available to third parties.
    3. Every action that takes place through the username and password of the Client is deemed to take place under the responsibility and risk of the Client. In the event of a suspicion of misuse of the username and/or password of the Administrator and/or End Users, the Client must report this to the Contractor as soon as possible, regardless of their own obligation to take immediate measures against (further) misuse thereof.

Article 9 – Intellectual Property

    1. The Contractor is entitled to the Intellectual Rights related to the App. The Client only receives the user rights that are granted to them in this article and/or by Agreement. The Client’s right of use does not mean that they are entitled to obtain the source code. The user rights do not give the right to grant one or more sublicences to third parties.
    2. The Client receives a non-transferable user right from the Contractor to use the App for the duration of the Agreement for the benefit of the Intellectual Rights related to (parts of) the App.
    3. The Client indemnifies the Contractor against any claim relating to Intellectual Property Rights of materials or information supplied by the Client and used in the performance of the order.
    4. The Client indemnifies the Contractor against all third-party claims related to the use of the App and/or the information contained therein.
    5. All Works provided by the Client to the Contractor in the context of the execution of the Agreement becomes the property of the Contractor. The Contractor shall be entitled in regard to all intellectual property rights related to the provided Works.
    6. Unless otherwise agreed, the Client is not permitted, without written permission from the Contractor, to make changes or to have changes carried out to the provisional or definitive design of the App.
    7. Taking into account the interests of the Client, the Contractor is free to use the App (including the design and the images/texts that have been designed or prepared by or on behalf of the Client) for their own publicity or promotion.
    8.  

Article 10 – Advertisements

    1. The Contractor is entitled to add advertisements and/or other messages of a commercial nature (hereinafter: Advertisements) of the Contractor or a third party to the App at their own discretion, without the need for any permission from the Client to do so.
    2. The Contractor will take into account the legitimate interest of the Client. The Contractor is entitled to any compensation in respect of Advertisements in the App. The Client cannot claim (part of) this compensation. Nor is the Client entitled to any other compensation, discount or refund.

Article 11 – Confidentiality

    1. The Parties will treat information they provide to each other before, during or after the execution of the Agreement confidentially.
    2. The Contractor is entitled to show third parties that they supply the App to the Client in order to promote the App. The Contractor will take all precautionary measures to protect the interests of the Client.

Article 12 – Maintenance and change

    1. The Contractor has the right to temporarily suspend their systems for maintenance (planned and unplanned), modification or improvement of the App. The Contractor will endeavour to inform the Client in good time about any planned shutdown.
    2. The Contractor is never liable for compensation for damage in connection with system shutdown for maintenance. Because the App is delivered to multiple Clients, it is not possible to waive a specific adjustment only for the Client. The Contractor is not obliged to pay any compensation for damages when adjusting the App.
    3. The Contractor has the right to adjust their systems used for the App, or parts thereof, from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, the Contractor will endeavour to inform the Client thereof. In the case of adjustments that are relevant for several Clients, it is not possible to waive a specific adjustment only for the Client. The Contractor is not obliged to pay any compensation for damages caused by such an adjustment.

The Contractor will endeavour to inform the Client about the nature and expected duration of the interruption in the event of the App not being available, due to malfunctions, maintenance or other causes.

    1. The Contractor will endeavour to keep the software they use for the App up to date.

Article 13 – Availability of the App

The App is delivered by the Contractor based on best effort: The Contractor will make every effort to deliver the App as well as possible but does not give any guarantees with regard to its performance.

Article 14 – Applicable Law

    1. All legal relationships to which the Contractor is a party are governed exclusively by Dutch law, even if a contract is executed wholly or partly abroad, or if the party involved in the legal relationship is domiciled there.
    2. The Court of Overijssel has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise.
    3. The Parties will only appeal to the Court after having made every effort to resolve a dispute by mutual agreement.

These Terms and Conditions of Use (“Terms and Conditions of Use”) describe the terms and conditions under which the mobile application (“App”) of Snappshot can be used. The App is managed by Snappshot VOF, registered with the Chamber of Commerce under number 51354713 and with offices at Oude Boekeloseweg 7, Hengelo, Netherlands.
Applicability
These Terms and Conditions of Use apply to the use of the App in the broadest sense of the word.
By using the App (including downloading and installing it) the user of the App (“User”), accepts these Terms and Conditions of Use and the Privacy Policy.
The Terms and Conditions of Use can also be consulted, downloaded and printed from our website (www.snappshot.nl).
Snappshot VOF may amend these Terms and Conditions of Use from time to time. The latest version will always be available on www.snappshot.nl.

Intellectual Property Rights App
All intellectual property rights and/or comparable rights relating to or that ensue from the (content of the) App – including the software, texts, images, design, data files, photos and other materials on the App – are exclusively and solely vested in Snappshot VOF.

Use of the app
The use of the App is at one’s own expense and risk and to be able to use the App, the User is responsible for the necessary equipment, system software and (internet) connection.
Snappshot VOF grants the User a non-exclusive, non-sublicensable and non-transferable licence for the use of the App.
The User is not permitted to use the App for commercial purposes and it is not permitted for the User to make the App available to third parties, sell, rent, decompile, reverse engineer or modify it without prior permission from Snappshot VOF. Nor may the User remove or circumvent technical provisions intended to secure the App or have them removed or circumvented.
Snappshot VOF has the right to modify the App at any time, to change or delete data, to deny the User the use of the App by terminating the licence, to limit the use of the App or to restrict access to the App completely, partially, temporarily or permanently. Snappshot VOF will inform the User about this in an appropriate way.

User Contributions
If the User provides information, data, images, video and sound clips and other content through the App (“Contribution”), the Contribution will under no circumstances be illegal or offensive (including sexist, pornographic, racist and discriminatory) content or (otherwise) infringe on the privacy of third parties. In that case, the User guarantees that the Contribution through the App does not infringe on the (intellectual property) rights of third parties and indemnifies Snappshot VOF against all potential claims from third parties as a result of posting a Contribution through the App.
By submitting a Contribution through the App, the intellectual property rights and/or comparable rights – in so far as they are vested in the User – are transferred to Snappshot VOF, without Snappshot VOF being liable for compensation to the User. To the extent that a further deed is required for this transfer, the User will fully cooperate with Snappshot VOF upon their first request. In so far as the transfer of intellectual property rights and/or comparable rights to the Contribution of the User is not possible, the User hereby grants Snappshot VOF an exclusive, perpetual, sublicensable and transferable licence for the use of the Contribution.
The User hereby waives all possible personality rights to Snappshot VOF, to the extent that the applicable regulations allow such a waiver. By transferring or licencing the Contribution of the User, Snappshot VOF is authorised to use the Contribution indefinitely and to exploit it or have it exploited through any media and in any form.

Termination of use of the App
The User can terminate the use of the App at any time by removing or uninstalling the App from their mobile device.

Liability
The App has been compiled with the greatest possible care. However, Snappshot VOF cannot guarantee that the App is always available or works without interruption, errors or defects and that the information provided is complete, correct or up to date.
Snappshot VOF is not liable for the (correctness of the) content of the App. A Contribution or other expression will therefore never be seen as an expression on behalf of and/or by Snappshot VOF.
Snappshot VOF is not liable for damages or injury resulting from the use of the App.
The limitation of liability as stated in this article does not apply if and in so far as the liability for any damages is the result of intent or gross negligence on the part of Snappshot VOF.
Snappshot VOF reserves the right to remove a Contribution (unannounced) or other expressions that are placed on the App, without the User being able to derive any rights from it.
The User indemnifies Snappshot VOF against all potential claims from third parties as a result of the Use of the App. The User will compensate Snappshot VOF for all damages and costs (including but not limited to (extra) judicial costs) that Snappshot VOF suffers as a result of such claims.

Applicable Law
The Terms and Conditions of Use do not affect your statutory rights as a consumer. Dutch law applies to these Terms and Conditions of Use and any disputes are submitted to the competent Court in Overijssel.

Questions
If you have any questions about the App or these Terms and Conditions of Use, please contact us at info@snappshot.nl or 074 8080218.