Bouwivo terms and conditions
1. Who we are
Bouwivo (www.bouwivo.nl, info@bouwivo.nl) provides the Bouwivo software as an online service. Bouwivo is a trade name of Sefa Workx, a sole proprietorship registered in the Commercial Register of the Netherlands Chamber of Commerce (KvK) under number 77968832, VAT identification number NL003267415B52, established at Ketelven 27, 5464 PS Veghel, the Netherlands. Bouwivo can be reached at info@bouwivo.nl. See also Legal information.
2. Scope and definitions
- These terms apply to every offer from Bouwivo, every order and every agreement on the use of the Bouwivo software in the Bouwivo Cloud (the "Service"), on implementation, consultancy and support hours and on all other work by Bouwivo.
- "Customer": the business that enters into an agreement with Bouwivo. "Users": employees and other persons to whom the Customer gives an account. "Portal Users": customers and dealers of the Customer to whom the Customer gives access to the B2B ordering portal. "Test Phase": the period referred to in article 4.
- Bouwivo supplies only to businesses, organisations and self-employed persons acting in the course of their profession or business. Whoever places an order declares that they are authorised to act on behalf of the Customer. Bouwivo may refuse an order from a consumer or dissolve the agreement.
- General terms of the Customer do not apply and are expressly rejected. Deviations from these terms apply only if Bouwivo has confirmed them in writing (including by e-mail).
- The data processing agreement, the terms of use for Users and Portal Users and the privacy statement form part of these terms. In case of conflict, the data processing agreement prevails as regards personal data and these terms prevail as regards everything else.
3. Formation
The agreement is formed once the Customer has completed the order on bouwivo.nl and accepted these terms and – outside the Test Phase – the first payment has been received. Bouwivo confirms the order by e-mail. Offers, prices and calculation examples on the website are without obligation; obvious errors and mistakes do not bind Bouwivo.
4. Test Phase
- Bouwivo is in the Test Phase until Bouwivo announces by e-mail or in the Service that the Service is generally available. During the Test Phase the Service is made available for testing and feedback.
- During the Test Phase the Service is provided "as is" and "as available", without any commitment as to availability, freedom from errors, performance, fitness for a particular purpose or retention of data. Features may change, be temporarily unavailable or be removed without notice, and data may be lost when restoring an earlier backup.
- During the Test Phase the Customer does not use the Service as the only record of business-critical data or data that must be retained by law, and checks every calculation, order, quote and invoice before using it. The Customer keeps its own copy (export) of data it needs.
- No charges apply during the Test Phase unless Bouwivo and the Customer agree otherwise in writing. If payment has been made, the money-back guarantee of article 9 applies.
- Bouwivo may end access during the Test Phase at any time; except in case of misuse, the Customer then has 14 days to export its data.
- Bouwivo may use feedback, ideas and suggestions from the Customer, Users and Portal Users freely and without compensation to improve the Service; the rights to the improvements belong to Bouwivo.
5. Subscription, term and termination
- A subscription with monthly payment runs per month and can be cancelled monthly with effect from the end of the current month.
- A subscription with annual payment runs per year and is tacitly renewed for one year unless cancelled no later than one month before the end of the term.
- Cancellation is done in the customer portal or by e-mail to info@bouwivo.nl. Bouwivo confirms the cancellation within two working days. Amounts already paid are not refunded, except under article 9.
- Modules, products and users can be added or removed per term. Changes take effect from the next term unless the portal states otherwise.
- Bouwivo may terminate the agreement with immediate effect and without compensation or suspend the Service if the Customer seriously or repeatedly breaches these terms or the terms of use, fails to meet its payment obligations, is declared bankrupt, applies for a suspension of payments, ceases its business, or if the use creates a security risk or a liability risk for Bouwivo.
6. Prices
All prices 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 effective date. Levies and taxes imposed by the government are passed on.
7. Payment
The first term and any implementation package are paid in advance via Mollie when ordering. With this payment the Customer authorises automatic debiting of subsequent terms. If a debit fails, the Customer receives a payment request. If payment has not been made 14 days after a reminder, the Customer is in default without further notice, owes the statutory commercial interest and extrajudicial collection costs, and Bouwivo may suspend access until payment in full. Suspension does not affect the payment obligation. The Customer may not set off or suspend payments.
8. 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 North Brabant are charged separately at € 0.25 per kilometre.
- Hours are recorded per quarter hour 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. Additional hours cost € 115 per hour excluding VAT.
- Implementation is a best-efforts obligation. The Customer supplies the correct data (such as price lists, profile dimensions and product rules) on time and remains responsible for their content.
9. Money-back guarantee
If the Customer is not satisfied within 30 days of the start, Bouwivo will, on request, refund the subscription fee for the first term in full and the agreement ends. Implementation hours worked are settled at the hourly rate paid.
10. Availability, maintenance and support
Bouwivo provides the Service exclusively as Bouwivo Cloud. Outside the Test Phase, Bouwivo uses reasonable efforts to achieve 99.5% availability per month, excluding announced maintenance and disruptions beyond Bouwivo's control. This is a best-efforts obligation; lower availability does not entitle the Customer to compensation or a discount. Support is available on working days from 08:30 to 17:30 by e-mail. Bouwivo makes a daily backup of the Customer's data but does not guarantee that a complete restore is always possible. Bouwivo may improve and change the Service; outside the Test Phase, features the Customer demonstrably needs are not removed without reasonable notice.
11. Data, privacy and export
The data the Customer enters in the Service remains the property of the Customer. For personal data the Customer is the controller and Bouwivo the processor; the data processing agreement forms part of the agreement. The Customer warrants that it may lawfully enter the data and have it processed, that it informs the data subjects (such as employees, customers and dealers) and that it has a valid legal basis. After termination the Customer can export its data for 30 days; Bouwivo then deletes the environment and its backups, unless Bouwivo is subject to a statutory retention obligation.
12. Use, Users and Portal Users
- The Customer uses the Service only for its own business operations and in accordance with the terms of use. It keeps login details secret, ensures that every User has their own account, uses two-step verification where the Service offers it, and reports misuse or loss of login details to Bouwivo immediately.
- The Customer decides who gets access. When the Customer enters a User or Portal User, Bouwivo sends an invitation by e-mail to the address provided on behalf of and on the instructions of the Customer. The Customer is responsible for the accuracy of that address and for its right to invite that person.
- The Customer is responsible and liable for all acts of its Users and Portal Users in the Service as if they were its own.
- Orders that Portal Users send via the B2B ordering portal are requests to the Customer. The purchase agreement, delivery, price, payment, warranty and any disputes about them are exclusively a matter between the Customer and its customer or dealer. Bouwivo is not a party and has no obligations towards Portal Users.
- Bouwivo may block accounts and suspend access in case of (suspected) misuse, a security risk, an order from a competent authority or a breach of the law or these terms.
13. Intellectual property and ownership of the environments
- Bouwivo is and remains the sole owner of the Service, including the software, source code, the CRM environments and their configuration, calculation models, standard configurations and guide prices, templates, the knowledge base, documentation, designs, the brand name and logo, and all improvements to them, including those made at the request or with suggestions of the Customer.
- The Customer receives only a non-exclusive, non-transferable and non-sublicensable right of use for the term of the agreement. It is not permitted to copy, decompile, replicate, rent out, resell or make available to third parties (other than its own Users and Portal Users) the Service or parts of it, or to use it to build a competing product.
- The Customer's own data (such as customers, quotes, orders, own prices and own documents) remain the property of the Customer (article 11).
14. Calculations, dimensions, prices and no advice
The Service supports the Customer with calculations, material lists, cutting lists, glass dimensions, guide prices, VAT calculations, translations, automatic e-mails and the help function. These are tools. Bouwivo does not give technical, structural, legal, tax or financial advice. The Customer remains fully responsible for its prices, technical dimensions, structural choices and permits, orders with suppliers, quotes, invoices, VAT returns, bookkeeping and statutory retention obligations, and checks all results before they are sent, ordered, produced or booked. Guide prices and default values in the starting configuration are examples that the Customer must check and adjust itself.
15. Liability
- During the Test Phase any liability of Bouwivo is excluded to the extent permitted by law.
- Outside the Test Phase, Bouwivo's liability on any ground is limited to compensation of direct damage and to no more than the subscription fees the Customer paid in the 12 months before the event causing the damage, with a maximum of € 5,000 per event and € 10,000 per calendar year. A series of related events counts as one event.
- Bouwivo is never liable for indirect damage, including consequential damage, lost profit, missed savings, loss of turnover, loss of production, delay, incorrectly produced, cut or ordered materials, damage caused by loss, corruption or inaccuracy of data, and damage caused by errors in the Customer's data, prices or settings.
- Bouwivo is not liable for fines, additional tax assessments, tax interest, penalty payments or other measures imposed on the Customer by a public authority (including the Tax Administration and the Dutch Data Protection Authority), nor for claims by customers, dealers, Portal Users, suppliers or other third parties of the Customer.
- Bouwivo is not liable for services and products of third parties (such as payment services, hosting, internet and e-mail providers and the Customer's suppliers), for e-mails not arriving, or for damage caused by use of the Service contrary to these terms or the terms of use.
- Any right to compensation is subject to the Customer reporting the damage to Bouwivo in writing, with reasons, within 30 days of discovery and, where remedy is possible, first giving Bouwivo a reasonable period to remedy the failure. Any claim lapses 12 months after the event from which the damage arises.
- The limitations in this article do not apply to the extent the damage results from intent or deliberate recklessness of Bouwivo's management, or to the extent mandatory law does not permit them.
- The owner, directors, employees and auxiliary persons engaged by Bouwivo may also rely directly on the limitations and exclusions in these terms (third-party clause). They are not liable towards the Customer beyond Bouwivo itself.
16. Indemnification
The Customer indemnifies Bouwivo and the persons referred to in article 15 against all claims of third parties – including customers, dealers, Portal Users, Users, suppliers and public authorities – and the related costs (including reasonable legal costs), arising from the use of the Service by the Customer, its Users or Portal Users, from the data they enter or have processed, from invitations sent at the Customer's request, or from the Customer's quotes, orders, deliveries, invoices and tax returns.
17. Force majeure
Bouwivo is not obliged to perform in case of force majeure, including disruptions at hosting, internet, e-mail or payment providers, power failures, cyber attacks, illness of key persons, pandemics and government measures. If force majeure lasts longer than 60 days, either party may terminate the agreement without compensation.
18. Confidentiality
The parties keep each other's confidential information secret, also after the end of the agreement. This does not apply to information that is already public or that a party must disclose by law or by order of a competent authority.
19. Changes to these terms
Bouwivo may change these terms. Changes are announced at least 30 days in advance by e-mail or in the Service; during the Test Phase and for changes required by law or solely to the Customer's benefit this period may be shorter. If the Customer does not agree, it may cancel with effect from the effective date. Use after the effective date counts as acceptance.
20. Final provisions and governing law
If a provision is void or voidable, the other provisions remain in force and a provision that comes as close as possible to its purpose applies. Bouwivo may transfer the agreement and the rights and obligations under it to a successor of its business, including the private limited company or sole proprietorship that continues the business after registration with the KvK; the Customer hereby consents to this in advance. In case of differences between translations the Dutch text prevails. These terms and all agreements are governed exclusively by Dutch law; the Vienna Sales Convention is excluded. Disputes are submitted exclusively to the competent court of the District Court of East Brabant (rechtbank Oost-Brabant).