Terms and Conditions
Created on 31 July, 2022 | Information | | 9 minutes read
This is the license agreement (version 01 April 2022) between the user of the software provided by mijnQRcode and mijnQRcode. Before using the software, the customer should read these provisions. By using and/or installing the software or the update, the customer agrees to be bound by the provisions of this license agreement.
Article 1 - Definitions
In this License Agreement, the following terms are used in the following sense, unless otherwise indicated or the context indicates otherwise:
- mijnQRcode: mijnQRcode.com | Prompt media. correspondence address: Postbus 252, 9200 AG Drachten, registered with the Chamber of Commerce under Chamber of Commerce number 01086975;
- Customer: the person who uses the software made available by mijnQRcode.com;
- Software: the software made available by mijnQRcode to develop static and dynamic QR codes.
- Website: https://mijnqrcode.com
Article 2 - Intellectual property rights
2.1 All intellectual property rights with respect to the software, including but not limited to patents, copyrights, trademarks, masked works, rights with respect to the design, and trade secrets directly relating to the software or related to it, are held exclusively by mijnQRcode. Customer shall not engage in any activity with respect to the software that affects such intellectual property rights. The customer shall not acquire any rights with respect to the software other than the limited rights of use specified in this license agreement.
2.2 If, despite the foregoing, a third party claims that the software infringes on his intellectual property rights or otherwise, the customer is obliged to report such a claim immediately to mijnQRcode in order to make it possible for mijnQRcode to oppose such a claim at its own expense. Customer agrees to cooperate with any such opposition. In such a case, mijnQRcode is also entitled to replace the software or part thereof in order to undo the claimed infringement.
Article 3 - Licence
3.1 Pursuant to this licence agreement mijnQRcode grants the client a non-transferable, non-exclusive right to use the software developed by myQRcode, as well as all associated documentation and any update, new version, translation, adaptation, modification, derived product or copy thereof, provided the client fulfils his payment obligation towards mijnQRcode and under the conditions set out in this licence agreement.
3.2 mijnQRcode is permitted to take and maintain technical measures to protect its intellectual property rights.
Article 4 - Backup
mijnQRcode will ensure that a complete system backup of the data entered in the software is made at regular intervals.
Article 5 - Warranty
mijnQRcode guarantees that the software, when used in accordance with the applicable instructions, will function in accordance with the accompanying documentation. mijnQRcode does not however guarantee that the software will function without defects and interruptions. Occurring defects will be remedied in accordance with Article 7 of this license agreement. The license contains no further warranties, either express or implied, by or on behalf of mijnQRcode or any other party granting usage rights to the software.
Article 6 - Support and maintenance conditions
6.1 mijnQRcode will provide online support to the customer in the use of the software. mijnQRcode will make every effort to answer questions adequately and within a reasonable time. If errors and/or imperfections are found in the software, the customer must report this to mijnQRcode so that it can offer a solution as soon as possible.
6.2 mijnQRcode must make every effort to keep any inconvenience to an absolute minimum in the case of maintenance and/or (necessary) updates and/or improvements to the software and will inform the client in good time if possible. If the temporary unavailability of the software is not unreasonably long, the customer has no right to compensation or any other form of compensation.
Article 7 - License fee
The use of the software with static QR codes is free of charge, static QR codes can be used for an unlimited period of time. For the use of the software at dynamic QR codes, the customer pays a monthly or annual fee. Invoicing of the monthly and annual fee is done via the website. The current price is listed on the website of mijnQRcode and is exclusive of VAT: www.mijnqrcode.nl/plan/
Article 8 - Price Changes
8.1 mijnQRcode is entitled to change the prices for the use of the software in the interim. mijnQRcode will notify the customer of this in writing or by e-mail 2 months before the change comes into effect.
8.2 If the client does not accept the price change, the client may terminate the contract in the interim by the day on which the change takes effect. The termination must be made in writing or by e-mail within 1 month after mijnQRcode has notified the customer of the price change. The customer is not entitled to terminate the agreement if the price increase is the result of a legal provision or regulation.
Article 9 - Duration of the Licence Agreement, Termination, Administration Costs and Right of Withdrawal
9.1 The license agreement is entered into for the time corresponding to the billing period. The agreement is not automatically renewed, if the customer does not renew the subscription will automatically be changed to Basic and the dynamic QR codes will no longer be active.
9.2 Termination is not necessary, license agreement will automatically stop after the subscription period expires, interim termination of the license agreement is not possible.
9.3 If the customer does not renew the agreement and/or does not pay the fee for the use of the software, the customer is no longer entitled to use the software.
9.4 Refunds: Regardless of the subscription chosen by the user, the amounts paid by the user and to the extent permitted by law will not be refunded. The contracted license may not be assigned or transferred to other users. In any case, the user may use the contracted license until the end of the contract period.
Article 10 - Payment
Payment is in advance, immediately after the conclusion of the license agreement.
Article 11 - Cancellation of the contract
11.1 mijnQRcode reserves the right to terminate the licence agreement at any time without legal intervention if the client has applied for a suspension of payments or has been declared bankrupt.
11.2 Both parties will be entitled to terminate the Licence Agreement in whole or in part out of court by means of a registered letter to the other party if the other party seriously fails to meet its obligations under the Licence Agreement and the failing party - even after a written notice of default by the aggrieved party - fails to meet its obligations under the Licence Agreement within a reasonable period of time. If it is absolutely clear that the defaulting party can no longer fulfil its obligations under the licensing agreement, no notice of default may be required.
Article 12 - Consequences of termination
If the licence agreement is terminated or dissolved, the client is obliged to cease immediately, as of the date of termination of the licence agreement vis-à-vis mijnQRcode, to do anything he is entitled to do under this licence agreement, including but not limited to using the software.
Article 13 - Obligations of the Customer
13.1 The customer must: ensure at all times that the software is not abused; inform mijnQRcode immediately of all relevant facts and circumstances as soon as he/she discovers any unauthorised use of the software.
13.2 Computer equipment shall be used in the performance of the Licensing Agreement. The customer is responsible for the correct choice and the timely and adequate availability of this equipment. mijnQRcode shall never be liable for damages or costs resulting from malfunctions or unavailability of this computer equipment.
13.3 The client is responsible for the proper functioning of his equipment that is used to access and use the software.
13.4 The customer is not allowed to use the software in such a way that it can cause damage to the software and/or third parties or cause a disruption in the availability.
13.5 The customer is responsible for the use and correct application of the software in his organisation and for complying with instructions and/or recommendations given by mijnQRcode.
13.6 If the client has not fulfilled his obligations as stated in this article, all costs resulting from this shall be borne by the client.
Article 14 - Liability and limitation period
14.1 mijnQRcode is not liable for damages of any kind whatsoever resulting from the fact that mijnQRcode relied on incorrect and/or incomplete data provided by the client, unless such inaccuracy or incompleteness should have been apparent to mijnQRcode.
14.2 mijnQRcode is not liable for damage of any kind caused by the client's failure to fulfil his obligations under this Licence Agreement or under the law.
14.3 Except in the case of intent or gross negligence on the part of mijnQRcode, mijnQRcode's liability on any grounds whatsoever to the client or to others making claims through the client is limited to compensation for direct damage up to a maximum of the amount of the last invoice paid by the client in respect of the software.
14.4 mijnQRcode is never liable for indirect damage or consequential damage, including loss or damage to data or loss of income, profit or turnover.
14.5 Damages as referred to in this article must be reported in writing to mijnQRcode within 7 days of their occurrence. Damages not reported within this period will not be eligible for compensation.
14.6 mijnQRcode is not liable for damage caused by the use of the software caused by third parties.
14.7 mijnQRcode is never liable for damages resulting from events or circumstances beyond its control, which include: non-availability, delay in delivery of or malfunctions and defects in information, products or services of third parties;
strikes or labor unrest; a decision taken or rules, instructions or orders issued by the government, the courts or any other competent body.
14.8 Rights of action and other powers of the client on whatever grounds vis-à-vis mijnQRcode will in any case lapse after the expiry of 1 year from the moment at which a fact occurs that allows the client to exercise these rights and/or powers vis-à-vis mijnQRcode.
Article 15 - Indemnification
The client indemnifies mijnQRcode against, and will compensate mijnQRcode for, all damages and costs resulting from third-party claims against mijnQRcode, which claims result from or are related to the use of the software by the client or by third parties.
Article 16 - Confidentiality
Each party guarantees that all data received from the other party that is known or should be known to be of a confidential nature will remain secret, unless a legal obligation requires disclosure of that data. The Party receiving confidential information shall only use it for the purpose for which it has been provided.
Article 17 - Miscellaneous matters
17.1 If any provision of this License Agreement is declared void or non-binding, such declaration will not affect the other provisions. If any provision in this Agreement is declared void or non-binding, it will be replaced by a provision or arrangement that is as similar as possible.
17.2 The parties will endeavour to settle all disputes relating to the implementation of this licence agreement amicably.
17.3 The customer agrees to any changes to provisions in this license agreement that prove necessary as a result of changes in the relevant laws and regulations in the broadest sense of the word.
17.4 This license agreement is governed by Dutch law.
17.5 All disputes between the client and mijnQRcode will be submitted to the competent court in the district where mijnQRcode has its registered office.
17.6 A processor agreement containing additional safeguards with respect to the processing and security of personal data is an integral part of the agreements between the client and mijnQRcode. This processor agreement is attached as Annex 1 to these General Terms and Conditions.
Annex 1: Processor Agreement