END USER LICENSE AGREEMENT

1. DEFINITIONS
“Agreement”: the agreement between EasySIGN and Customer for the purchase and delivery of Products via the EasySIGN Web shop.
“Customer”: the natural person or legal entity that EasySIGN has concluded the Agreement with or that visits the EasySIGN Web shop provided that a natural person will never act in the capacity of a consumer.
“EasySIGN ”: EasySIGN B.V., established at Melkweg 5, (5527CZ) Hapert, the Netherlands, with trade register number 17186197.
“EasySIGN Web shop”: the digital store where EasySIGN sells the Products.
“General Terms and Conditions”: these General Terms and Conditions.
“Hyperlink”:  an indication on a webpage that provides a link to another webpage.
“Intellectual Property”: all rights of intellectual property including all related rights like copyrights, trademark rights, patent rights, rights of design, trade name rights, data base rights and neighboring rights.
“Parties”: EasySIGN and Customer jointly.
“Products”: software, support, training and all other products or services offered by EasySIGN via the EasySIGN Web shop.
2. APPLICABILITY
2.1. These General Terms and Conditions are applicable to every offer made in the EasySIGN Web shop and to every Agreement resulting from the EasySIGN Web shop between EasySIGN and Customer.
2.2. In case one or more provisions of the Agreement and/or these General Terms and Conditions should be interpreted as being illegal by a competent court, the remaining provisions of the Agreement or these General Terms and Conditions shall remain in force between Parties.
3. CONCLUSION OF THE AGREEMENT
3.1. Expressions of EasySIGN in the EasySIGN Web shop in relation to the Products qualify as an invitation to Customer to make an offer. The Agreement is concluded by the confirmation of EasySIGN of Customer’s order. Confirmation is executed by sending an e-mail to Customer. Customer can dissolve the Agreement as long as the acceptance has not been confirmed.
3.2. The General Terms and Conditions will be made available to Customer by EasySIGN through a Hyperlink in the EasySIGN Web shop before the conclusion of the Agreement. It is Customer’s own responsibility to save or print a copy of the General Terms and Conditions through the facilities available in the EasySIGN Web shop.
3.3. Notwithstanding any legal obligations for EasySIGN to store the Agreement and/or the General Terms and Conditions, EasySIGN is not responsible to make available any archived Agreement and/or General Terms and Conditions to Customer.
4. COMMUNICATION
4.1. Every communication between EasySIGN and Customer shall be made by e-mail unless the General Terms and Conditions and/or the Agreement indicate(s) otherwise.
4.2. Electronic communication shall be deemed received on the day it has been send, unless the contrary can be proven by the receiving party. If the communication has not been received because of delivery and/or accessibility problems related to Customer’s e-mail box, this will be at Customer’s risk, even if the e-mail box of Customer is located at a third party.
5. TERM AND TERMINATION
5.1. If Customer has purchased a Product on a subscription basis, the term of the Agreement shall be for the duration specified in the Order form (the “Initial Term”). Upon expiration of such term, the Agreement shall be automatically renewed for subsequent terms equal to the Initial Term (each a “Subsequent Term”), unless the subscription is cancelled by Customer in their EasySIGN web shop account prior to the end of the Initial or Subsequent term. EasySIGN will provide Customer with a timely notification of the automatic renewal of the Agreement. This notification shall contain the current applicable price of the renewed subscription.
5.2. If Customer does not, not in time or not properly comply with any obligation resulting from any Agreement concluded with EasySIGN , EasySIGN has the right to terminate the Agreement by written notice by email in whole or in part without legal intervention and without a default notice.
5.3. Through termination of the Agreement by EasySIGN, any and all existing claims become immediately due. Customer is liable for any and all damage incurred by EasySIGN as a result of such termination, including loss of interests, profits or business.
6. PRICE AND PAYMENT
6.1. The price of the Products is specified in the EasySIGN Web shop. Payment will be made in the manner specified in the EasySIGN Web shop.
6.2. If Customer has purchased a Product on the basis of a subscription, the price of such subscription shall be automatically updated to the actual prices as stated in the EasySIGN Web shop at the moment of renewal.
6.3. All prices are in Euro’s, as specified in the EasySIGN Web shop, excluding VAT and other government charges. All prices in the EasySIGN Web shop and in advertisement can be modified by EasySIGN at any time without a prior notice. All prices are subject to misprints, errors and technical modifications, EasySIGN has the right to cancel any order in these cases.
7. DELIVERY
7.1. EasySIGN will deliver the Products in the manner as specified in the EasySIGN Web shop.
7.2. The delivery times and / or delivery dates are never a firm date, unless otherwise agreed in writing.
8. RETURN POLICY
  Customer is only allowed to return a Product under such Product specific terms. If such specific terms do not provide for a return policy, Customer does not have the right to return such Product.
9. PRODUCT SPECIFIC TERMS
  Customer agrees that the following Product specific terms apply to the purchase of the following Products via the EasySIGN Web shop:
– Software: link to the end user license agreement
10. PRIVACY
10.1. When ordering Products in the EasySIGN Web shop, Customer must set up an EasySIGN account. Customer is deemed to have read the privacy statement of EasySIGN (which is accessible here) and agrees with the way EasySIGN processes Customers personal data.
10.2. Customer is aware that EasySIGN processes Customers data, including information on customer activity in the EasySIGN Web shop, such as pages visited, time spent on different parts of the EasySIGN Web shop, the Internet address of the website Customer visits and the Software ordered by Customer. EasySIGN stores this information in a database used for the implementation of the Agreement. This implementation includes measures to improve customer experience and providing information or offers to Customer.
10.3. Customer may see and – if necessary – change its personal data collected by EasySIGN . Customer has the right to request the termination or foreclosure of the relevant information. EasySIGN will decide within 4 (four) weeks on this matter, after weighing the involved interests (of EasySIGN on one hand and the privacy interests of Customer on the other hand). In the event of a foreclosure or removal decision, EasySIGN will inform Customer to what extent the use of the Software by Customer will be reduced or prevented.
11. CHANGES AND ADDITIONS
  Changes and additions to any provision in the Agreement and / or the General Terms and Conditions are only valid if agreed upon in writing and / or electronically and thus can only be proved.
12. MISCELLANEOUS, APPLICABLE LAW AND COMPETENT COURT
12.1. The Agreement shall be governed by the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.
12.2. EasySIGN is entitled at its sole discretion to subcontract its rights and obligations under  the Agreement to any third party.
12.3. EasySIGN may transfer its rights and obligations under the Agreement to any third party. Customer’s rights and obligations hereunder and under the Product specific terms as specified in Section 9 are non-transferable.
12.4. If any provision, to the reasonable judgment of EasySIGN , of the General Terms and Conditions or the Agreement is void or in any other way unenforceable, EasySIGN has the right to terminate the remaining content of the Agreement, except to the extent this would be considered unreasonable and unfair under the given circumstances.
12.5. All disputes resulting from the Agreement shall exclusively be brought before the competent court in ‘s-Hertogenbosch, the Netherlands.

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