By using Formdesk, you state to agree to the terms and conditions as set out below.
The following pages are an integral part of these terms and conditions:
In case of inconsistency, the conditions in these terms and conditions prevail over the pages mentioned above.
In case a written agreement has been concluded with you earlier, the conditions in the written agreement prevail over the conditions in these terms and conditions.
Definitions
Formdesk
Formdesk has been developed by Innovero software Solutions B.V. (hereinafter referred to as ‘Innovero’) and is offered by Innovero in its role of ASP, and as SaaS offered via its internet servers.
ASP
Abbreviation of Application Service Provider: a company offering the opportunity to use company software via the internet.
SaaS
Abbreviation of Software as a Service: software offered as an online service. The client doesn’t need to purchase. The software but takes out a subscription. The ASP takes care of the installation, maintenance and management, the user approaches the software via the internet at the ASP.
Phishing
The application of a form with the intent to obtain personal information for improper use, such as identity fraud.
Spam
The unsolicited and undesirable sending of large numbers of messages.
A circumstance that cannot be attributed to us A circumstance with a cause that Innovero cannot influence in reasonableness, including interruptions outside the direct infrastructure of its servers, such as interruptions in the data centre where the servers are housed, interruptions of the internet, breakdowns in the power supply, strikes, riots, insurrections, fire, flooding, storm, explosions, war, interventions by government bodies, judgments of domestic and foreign courts of law or the non-deliverance of performances by third parties.
Use and guarantee
Innovero grants you for the duration of the subscription the non-exclusive and non-transferable right to use Formdesk for designing and making available electronic (internet) forms for completion.
You explicitly acknowledge and accept that the use of Formdesk is exclusively at your own risk.
Formdesk and all services carried out or rendered via Formdesk are supplied on an ‘as is’ basis.
Except for the conditions of the availability guarantee for business subscribers mentioned in our Service Level Statement, we herewith implicitly and explicitly exclude all guarantees, including all conceivable guarantees of tradability, sufficient quality, suitability for a specific purpose, exactitude, undisturbed use, loss of data, data being published, the presence of viruses and imitation of copyrights of third parties.
No oral or written information or notice provided by Formdesk can constitute a guarantee.
Exclusion of use
It is not allowed to use Formdesk for applications or as part of applications that are illegal, fraudulent, damaging, threatening, insulting, libellous, tormenting, vulgar or obscene, or that violate someone’s privacy, are hateful or racially, ethnically or otherwise incorrect, hurtful or offensive, which explicitly includes spam or the use of forms for phishing purposes.
If such use is established, all the information in the account can be used for investigations, by us or by the police and judicial authorities and for informing any injured parties.
Liability
As the designer of a form, you yourself are fully liable for the content of the form as well as all the information you upload, email, publish, send or make available in any other way via Formdesk.
The forms or other information made available via Formdesk are designed and managed by individuals and/or organizations not supervised by Innovero.
You understand and acknowledge that you can encounter information you consider improper, insulting or offensive or a use of language that can be described as explicit.
You promise to use Formdesk and all services carried out or provided via Formdesk at your own risk and to indemnify Innovero against all liability for any information that might be considered improper, insulting or offensive.
Except for the conditions of the availability guarantee for business subscribers mentioned in our Service Level Statement, we are not held to any compensation of damage of whatever nature, neither directly nor indirectly, including trading loss, unless in case of intent or gross negligence.
Certain parts of Formdesk make use of goods or services of third parties or links to products or services of third parties. Innovero does not provide any guarantee and does not accept any liability or responsibility with regard to such products or services.
You agree that you will not make use of the products or services of third parties in a way that violates the rights of any other party or damages such rights in any way and that Innovero cannot be made responsible for such improper use by you.
If it is established in law that we are liable for whatever reason, the liability will at all times be limited to a sum equal to the invoice amount of the activities/services carried out in connection with the liability.
You are held to indemnify us against all claims from third parties whatever these are called and on whatever grounds these are based.
Immediate Termination of the account
Innovero is authorized to permanently or temporarily terminate the access to and use of your account with immediate effect without any notice or notice of default and without prior judicial intervention, when:
- you are in default with regard to the payment of any invoice,
- the contact data as registered by you in your account are incorrect,
- you (or the organization you represent) are granted (provisional) suspension of payments, are declared bankrupt, are a legal entity and are being liquidated,
- the control over or the deciding vote in your organization is transferred to a third party,
- you (or the organization you represent) have to be considered as otherwise not being able to comply with your obligations,
- it is established that the use of your account is contrary to our terms and conditions or national or international legislation and regulations.
Innovero is not held to pay any damages or make any other payments as a result of the aforementioned termination. The termination does not release you from the current obligations arising from it. The termination explicitly does not release you from the conditions of these terms and conditions with regard to confidentiality, intellectual property and applicable law.
Various conditions
Unless agreed otherwise, Innovero makes clear to the respondent of your form that the form stems from Formdesk.
Intellectual Property Rights
All copyrights and any other intellectual or industrial property rights as well as similar rights, including rights protecting databases, information or performance, with regard to Formdesk solely accrue to Innovero.
You acknowledge these rights and will refrain from any kind of direct or indirect infringements of these rights subject to a fine payable in full without a prior notice of default of EUR 5000 for each infringement
or each day that the infringement continues without prejudice to the other rights Formdesk is entitled to in that case, including the right to compliance and/or damages in full.
Changes of Formdesk and the conditions in this context
Innovero is entitled to extend or change Formdesk from time to time or to terminate parts of it for any reason whatsoever and without giving reasons, without any obligations towards you, any other user or a third party.
Innovero reserves the right to change without prior notice all the information about Formdesk, including these terms and conditions, and all the information to which reference is made.
Disputes and applicable law
In all cases not provided by these terms and conditions, the decision lies with Innovero exclusively.
Formdesk and all products and services arising from it are solely governed by Dutch law.
All disputes will be solely submitted to the court of law in The Hague that is competent to hear the case unless Innovero wishes to apply to the court of law indicated by law. The stipulations of this paragraph do not apply if the Subdistrict Court is the court having subject-matter jurisdiction.
