General terms and conditions of Bouwivo
1. Who we are
Bouwivo (www.bouwivo.nl) is responsible for this website and the Bouwivo software. Contact: info@bouwivo.nl.
2. Applicability
These terms apply to every offer from and every agreement with Bouwivo concerning the use of the Bouwivo software (the "Service") and implementation and consultancy hours. Bouwivo supplies exclusively to businesses and self-employed professionals acting in the course of their trade or business ("Customer"). The Customer's general terms and conditions do not apply.
3. Formation of the agreement
The agreement is concluded as soon as the Customer has completed the order on bouwivo.nl and the first payment has been received. Bouwivo confirms the order by email and provides the login details within one working day.
4. Subscription, term and cancellation
- A subscription with monthly billing runs month to month and can be cancelled monthly with effect from the end of the current month.
- A subscription with yearly billing runs for one year and is tacitly renewed for a further year unless cancelled no later than one month before the end of the term.
- Cancellation is made by email to info@bouwivo.nl. Bouwivo confirms the cancellation within two working days.
- Modules can be added or removed per billing period. Changes take effect from the next billing period.
5. Prices
All prices on the website are in euros and exclusive of VAT, unless stated otherwise. Bouwivo may adjust prices once per calendar year on 1 January in line with the CBS consumer price index (CPI). Other price changes are announced at least two months in advance; the Customer may then cancel with effect from the date the change takes effect.
6. Payment
The first instalment and any implementation package are paid in advance via Mollie when ordering. With this payment the Customer authorises automatic collection of the following instalments. If a collection fails, the Customer receives a payment request. If payment is still outstanding 14 days after a reminder, Bouwivo may suspend access to the Service until payment is made in full.
7. Implementation hours
- Implementation packages are carried out by a dedicated consultant, online or on site by arrangement. Travel time and travel costs for on-site work outside the province of Noord-Brabant are charged separately at €0.25 per kilometre.
- Hours are recorded in 15-minute increments and are visible to the Customer.
- Hours are valid for 12 months from the date of purchase. Unused hours then expire without refund.
- The 15% new customer discount applies once, to the first implementation package.
- Extra hours cost €115 per hour excluding VAT.
8. Money-back guarantee
If the Customer is not satisfied within 30 days of starting, Bouwivo will, on request, refund the subscription fee for the first billing period in full and the agreement will end. Implementation hours worked are deducted at the hourly rate paid.
9. Availability and support
Bouwivo endeavours to achieve availability of 99.5% per month, excluding announced maintenance outside office hours. Support is available on working days from 08:30 to 17:30 by email and phone. Bouwivo backs up the Customer's data daily.
10. Data and privacy
The data the Customer enters into Bouwivo remains the property of the Customer. Bouwivo processes personal data of the Customer's customers solely as a processor on behalf of the Customer. Bouwivo's data processing agreement forms part of this agreement. Data is stored within the European Union. After termination, the Customer can export its data for up to 30 days; the data is then deleted.
11. Use
The Customer uses the Service only for its own business operations, does not share login details with anyone other than its own users and does not attempt to circumvent security. Bouwivo may suspend access in the event of misuse.
12. Intellectual property
All rights to Bouwivo's software, documentation and templates remain with Bouwivo. The Customer receives a non-exclusive, non-transferable right of use for the duration of the agreement.
13. Liability
The Customer checks quotes, dimensions and orders before they are sent or produced. Bouwivo's liability is limited to direct damage and to a maximum of the subscription fees paid by the Customer in the 12 months preceding the event causing the damage. Bouwivo is not liable for indirect damage, including consequential loss, loss of profit and loss of production, except in the case of intent or wilful recklessness.
14. Force majeure
Bouwivo is not obliged to perform in the event of force majeure, including outages at hosting or internet providers, power failures and government measures.
15. Governing law
These terms and all agreements are governed by Dutch law. Disputes will be submitted to the competent court of the District Court of Oost-Brabant.
This is a translation of the Dutch general terms and conditions. In case of any discrepancy, the Dutch version prevails.