Terms & Conditions

General Terms and Conditions of SpotOn Wifi in Groningen
As deposited under number 59823704 at the Chamber of Commerce.

Article 1. Definitions

  1. In these terms and conditions these terms have the following meanings:
  2. Client: The natural or legal person acting in the pursuit of his profession or company to whom SpotOn Wifi offers a quote, a contract has been accepted and / or with whom an agreement has been concluded.
  3. SpotOn Wifi: The private company company Spot Marketing Solutions BV, based in Groningen at the Hoge der A 12 (9712 AC) in Groningen.
  4. Parties: Client and SpotOn Wifi together.
  5. Agreement: The Agreement between the Parties.
  6. Service (s): The SpotOn software and marketing services originating from SpotOn software.
  7. Product (s): The Wifi network hardware.
  8. Departure from these terms and conditions is only possible if and to the extent that Parties have accepted and confirmed these deviations in writing.
  9. SpotOn Wifi is at all times entitled to change these terms and conditions. These changes will take effect two weeks after publication.
  10. If any provision of these Terms and Conditions is null and void or destroyed, the remaining provisions of these Terms and Conditions will remain in full and Parties will consult with a view to agreeing new provisions to replace the null or void provisions, as far as possible The purpose and the meaning of the null or void provisions are respected.

Article 2. Offer / Quote

  1. All offers made by SpotOn Wifi are free of charge and are valid for 30 days after the date of the quotation.
  2. All prices, rates and amounts stated by SpotOn Wifi are exclusive of sales tax and government fees, as well as transportation, delivery, administration, travel and subsistence expenses. The prices are also, as applicable, exclusive of the cost of installing the product.
  3. If SpotOn Wifi agrees with a Client, SpotOn Wifi is nevertheless entitled, upon written notice to the Client, to increase the price if SpotOn Wifi can demonstrate significant price changes between the time of conclusion of the Agreement and delivery. have performed in respect of commodities, currencies, wages or otherwise unforeseen circumstances.
  4. If the price increase exceeds 20%, the Client has the right to dissolve the Agreement.
  5. SpotOn Wifi is entitled to require a Client’s collateral prior to the implementation of the Agreement.
  6. SpotOn Wifi does not undertake to complete part of the contract with a corresponding part of the specified price when it comes to combined offers. Offers and offers are not automatically valid for future orders.
  7. If there are particular circumstances that may affect SpotOn Wifi’s products or services, then the Client must indicate this in good time. Client stands for the accuracy and completeness of the provided data based on which SpotOn Wifi has fully or partially based its offer. The client always takes the utmost care that the requirements for SpotOn Wifi’s performance are accurate and complete.

Article 3. Agreement

  1. The Agreement will be concluded when the Agreement signed by the Client for Agreement has been received by SpotOn Wifi Return.
  2. Without the prior written permission of SpotOn Wifi, the Client may not transfer its rights and obligations from the Agreement to third parties.
  3. If the Agreement is entered into with multiple Clients or if the Client consists of multiple (right) persons, they are jointly and severally liable for full compliance with the Agreement.
  4. Articles 7: 400 to 7: 412 of the Civil Code explicitly do not apply.
  5. The agreement is entered into for a certain period of time. At the end of the specified period, the Agreement will be tacitly renewed for one year, unless there is any of the provisions of paragraph 7 of this article.
  6. The Agreement can not be terminated during the specified time.
  7. Termination of the Agreement is only possible in writing, subject to a notice period of three months and by the end of the month.
  8. SpotOn Wifi reserves the right to dissolve the agreement by e-mail if the agreed Products are no longer available or no longer available for the agreed price. In respect of the performance of SpotOn Wifi and the amounts due by the Client, the relevant documents and data from SpotOn Wifi’s records or systems provide full proof, without prejudice to the Client’s right to provide counter-notification.

Article 4. Execution services

  1. SpotOn Wifi will perform the services of the Agreement at best insight and ability. All Services in the Agreement between Client and SpotOn Wifi are subject to a commitment obligation, unless the SpotOn Wifi Agreement has explicitly promised a result and the relevant result is also defined with sufficient determination.
  2. In all cases where SpotOn Wifi considers it useful or necessary, SpotOn Wifi has the right to perform certain activities by third parties or to be assisted by third parties. 3. Client is obliged to provide all information and modifications which SpotOn Wifi requires in accordance with its discretion, in the manner desired by SpotOn Wifi.
  3. SpotOn Wifi has the right to suspend execution of the assignment until the Customer has fulfilled Article 4.3. Any (additional) costs arising from this delay will be borne by the Client. 5. The work of the Client shall be performed exclusively for the benefit of the Client. Third parties may not derive rights from the content of the work performed.
  4. Expired execution terms in favor of the Client are never to be regarded as fatal terms.
  5. For any continuous period in which SpotOn Wifi performs at a location other than SpotOn Wifi for less than 3 hours, or outside of working hours, SpotOn Wifi is entitled to charge 3 hours. An uninterrupted period of time applies if the time in which no work is carried out between one period and the next period in which work is carried out does not exceed 1 hour.
  6. Work performed outside working hours (09: 00-18: 00) is considered overtime, unless explicitly agreed otherwise. In case of overtime, the current hourly rate will be increased with a 50% surcharge. In case of overtime during weekend holidays and holidays, the current hourly rate will be increased with a 100% surcharge.
  7. If, during the performance of an agreement, or during the term of a periodic agreement between SpotOn Wifi and Client wishes additional deliveries or adjustments, which significantly increases the performance of SpotOn Wifi, there is a multiplier. Client owes the costs of additional work according to the usual hourly rate of SpotOn Wifi, based on recalculation. However, SpotOn Wifi is not required to comply with such a request and may require a separate written agreement for the additional deliveries or adjustments.

Article 5. Change Agreement

  1. If during the performance of the Agreement it appears that for a proper execution it is necessary to amend the Agreement, to supplement it and / or to amend the term of the Agreement, the Parties will in writing and in agreement, amend the agreement in writing.
    2. SpotOn Wifi will indicate to the extent that this will result in a change in the price with the agreed agreement of the Agreement. As a result of an amendment to the agreement, the original date of implementation may be amended. Client accepts the possibility of modification of the agreement, including the change in price and term of execution.
  2. If the agreement is amended, including an addition, SpotOn Wifi is entitled to implement it first after the Client has agreed with the price and other terms and conditions, including the time at which it will be implemented. to become.

Article 6. Payment

  1. Payment of the agreed price must be made no later than 14 days after the invoice date. The right of the Client to settle any claims on SpotOn Wifi is expressly excluded.
  2. SpotOn Wifi is entitled to claim an advance prior to the performance of the Agreement. Once the deposit has been received, SpotOn Wifi will start with the Agreement.
  3. SpotOn Wifi is always entitled to perform and invoice the Agreement in such a way that SpotOn Wifi Products delivers and invoices to the extent that they are ready.
  4. If the Client does not pay the item invoice within 14 days after the invoice date, SpotOn Wifi is entitled to suspend execution of the agreement until the Client has fully satisfied the item invoice.
  5. All Payments by the Client to SpotOn Wifi will be deducted from any accrued charges and interest, as well as the oldest remaining outstanding SpotOn Wifi invoices, regardless of any other indication by SpotOn Wifi.
  6. In the case of non-timely or non-full payment of the price due by the Client, the Client shall be in default on expiry of the period referred to in paragraph 1. The client is then due for the outstanding invoice amount 2% interest per month.
  7. If the Client fails to comply with one or more obligations to SpotOn Wifi, all reasonable costs for obtaining compensation – in and out of court – will be borne by the Client, where the extrajudicial costs amount to 15% of the invoice amount by a minimum of € 200 , -. Client is not entitled to suspend and / or settle his obligations to SpotOn Wifi.
  8. Client approves any invoicing by email.
  9. The costs due will be charged for the coming year depending on the term for which the agreement is entered into.
  10. There will never be refund of paid amounts.

Article 7. Delivery and delivery period

  1. Delivery deadlines specified by SpotOn Wifi can never be considered as deadlines. The single overriding of a specified or specified term does not place SpotOn Wifi in default. SpotOn Wifi must therefore be offered a reasonable period of at least 21 days by registered postponed notice of default to still implement the agreement.
  2. Delivery will take place at SpotOn Wifi, unless otherwise agreed. Customs clearance and customs clearance for foreign deliveries can be provided by SpotOn Wifi, but is at the expense of the Client. For foreign travel, all liability is at the expense and risk of the Client.
    3. Client is obliged to purchase purchased Products at the time when it is made available to him under the Agreement. If Client refuses or neglects the delivery of information or instructions necessary for delivery, the Products will be stored at the risk of the Client. In this case, the Client will owe all additional costs, including at least storage costs. 4. SpotOn Wifi will not ship to delivery until the full invoiced amount has been fulfilled by the Client, unless otherwise agreed.
  3. The delivery period will not begin until SpotOn Wifi owns all Products, Data and Documents to be provided by the Client.
  4. Any installation and / or assembly of the delivered is done at the risk of the Client.

Article 8. Retention of title and right of retention

  1. All Products delivered by SpotOn Wifi remain the property of SpotOn Wifi until Customer has fulfilled all of the obligations of the Agreement.
  2. Products delivered by SpotOn Wifi, which are subject to title reservation under paragraph 1, shall never be used by the Client as a means of payment.
  3. The Client has no jurisdiction to pledge or object to any objection under the Proprietary Disclaimer. This right applies as an absolute right and has legal effect.
  4. The client already gives unconditional and irrevocable written permission to SpotOn Wifi or to a third party designated by it, in all cases where SpotOn Wifi wishes to exercise its proprietary rights, to enter all those places where SpotOn Wifi’s property will be located and those Products there.
  5. If third parties attach confiscation to the Products Provided or wish to establish or apply rights thereon, the Client is obliged to notify SpotOn Wifi as soon as reasonably expected to be notified in writing.
  6. The Client undertakes to insure and to ensure the Products delivered under title reservation, until such Products have been fully paid, on fire, explosion and water damage as well as theft and policy of this insurance at first request.
  7. If SpotOn Wifi can not rely on its proprietary reservation because it has been mixed, distorted and / or retracted, the Client is obliged to pledge the newly formed Case to SpotOn Wifi.
  8. Without prejudice to the statutory right of retention, SpotOn Wifi is entitled to hold any kind of Client’s right, which has been made available to him in any title, to the full satisfaction of all SpotOn Wifi claims whatsoever, of the Client, unless the Client has given sufficient assurance in respect of that claim. The right of retention, SpotOn Wifi, will also be in the event of bankruptcy in the case of the Client.
  9. When the Agreement has ended, the Product remains the property of the Client.

Article 9. Indemnification

  1. The Client ensures that no third party rights oppose the provision by or on behalf of the Client to SpotOn Wifi of equipment, software or materials for the purpose of use and / or processing.
  2. Client indemnifies SpotOn Wifi against any action based on the claim that making available, using or editing any third party right.
  3. Client indemnifies SpotOn Wifi for third party claims due to non-compliance by the Client with statutory rules, including the Personal Data Protection Act.
  4. The Client indemnifies SpotOn Wifi for all claims for third party compensation for any damages caused in any way by the unlawful or inaccurate use of the Products and / or Services provided to the Client.

Article 10. Liability

  1. The liability of SpotOn Wifi, insofar as it is covered by its liability insurance, is limited to the amount paid in the professional / corporate liability insurance case in question, plus SpotOn Wifi’s own proprietary risk. If, in any case, the insurer fails to pay or the damage is not covered by the insurance, SpotOn Wifi’s liability is limited to the amount of price charged by SpotOn Wifi to the Client for his work in the relevant Agreement at any time with a maximum of € 500, -.
  2. SpotOn Wifi is not responsible for loss, damage or modification of Customer’s data and / or data, using the Service.
  3. SpotOn Wifi is not liable for indirect or consequential damages incurred by the Client or a third party in respect of (using) the Products and / or Delivered Services, including: Stagnation in the Continuous Business Process of the Client, deceased profit, missed savings and consequential loss, in any way related to, or caused by, the performance of the work by SpotOn Wifi.
  4. SpotOn Wifi is solely responsible for direct damage. Direct damage is only understood as follows:
  • the reasonable costs for determining the cause and extent of the damage to the extent that the determination relates to damage within the meaning of these conditions;
  • made possible reasonable costs to answer SpotOn Wifi’s inadequate performance, as much as they can be attributed to SpotOn Wifi;
  • the reasonable costs incurred to prevent or limit damage, in so far as the Client shows that these costs have resulted in the limitation of direct damage as provided for in these terms and conditions.
  1. The condition for the occurrence of any right to compensation is that, after the damage has arisen, the Client shall as soon as possible be reasonably possible, and in any event within eight days of the occurrence of the damage, this in detail and by registered with SpotOn Wifi reports.
  2. SpotOn Wifi is not liable for damage if and insofar as the Client has not done so that she may reasonably be required to limit her damage.
  3. SpotOn Wifi makes no warranties and is not liable for full continuous availability and malfunction of the Product.
  4. SpotOn Wifi is not liable for impaired Product Performance, loss of data or unauthorized access due to the third party’s unwillingness to disturb the Product. These include, but are not limited to: DDoS attacks, attacks of hackers and viruses.
  5. For the Product, SpotOn Wifi is dependent on third party services and / or networks, such as cable Internet or ADSL and security software. SpotOn Wifi is not liable for any kind of damage or damage caused by third party services or networks, including malfunctions and / or errors in third party networks or infrastructure.
  6. SpotOn Wifi is not liable for any damage whatsoever due to SpotOn Wifi assuming incorrect and / or incomplete data provided by or due to the Client.
  7. All liability is about at the time of delivery of the Products. Liability for placement, installation and use is at all times with the Client. The Client is responsible for the actual fit and compatibility of the Products delivered. Should Customer not report any defects within 8 days after receipt, Products are deemed to have been received in good condition.
  8. The liability limitations contained in these Terms and Conditions do not apply if the damage is due to the intention or gross negligence of SpotOn Wifi.13. Only the Manufacturer of the Products is applicable.
  9. Before SpotOn Wifi can be held liable, the Client must at all times send a notice of default. A letter of cancellation must be sent by registered mail and contain as detailed a description of the shortcoming, so that SpotOn Wifi is able to respond adequately and to investigate the defect. A notice of default must contain a reasonable period of 21 days recovery.

Article 11. Force majeure

  1. Force majeure on the part of SpotOn Wifi suspends its (further) obligations under the Agreement as long as the force majeure continues. This force majeure does not suspend the obligations of the Client.
  2. Force majeure is understood to mean any of the will of SpotOn Wifi independent circumstance that temporarily or permanently prevents compliance with the Agreement and which neither should be in accordance with the law nor reasonably reasonably fair and fairness of SpotOn Wifi as well as, to the extent that not already understood: barriers caused by measures, laws or decisions of competent international or national (government) agencies, lack of commodities, work strikes, company occupation, blockade, embargo, war, unrest and similar conditions, power failure, interference ) communications lines, internet interference, network failures, fire, explosion, water damage, flooding, lightning strikes and other natural disasters and disasters, illnesses, strikes, power failure, hardware failure, third party failure or inaccessibility of the software as well as any shortcoming of assistants and / or suppliers of SpotOn Wifi and all other causes that arise out of the guilt or risk of SpotOn Wifi. Force majeure is set aside: severely complicated. 3. As soon as SpotOn Wifi finds a force majeure, it notifies the Client unless, due to circumstances, it can not reasonably be required of her.
  3. If SpotOn Wifi has already partially fulfilled its obligations upon the entry into force of the force majeure, SpotOn Wifi is entitled to invoice separately already invoiced. The client is obliged to meet that invoice as if it were a separate agreement.
  4. If the force majeure for SpotOn Wifi continues for a minimum of three months, the Parties are entitled to terminate the Agreement in the meantime without regard to any notice period. Termination within the meaning of this article shall be by registered letter.

Article 12. Dissolution and Suspension of the Agreement

  1. If:
    A. The client is in breach of the (timely) fulfillment of any obligation relating to the Agreement;
    B. It is assumed that the Client will not be able to fully and / or not in good time comply with a commitment to SpotOn Wifi;
    C. Client in the event of bankruptcy has been declared to be under curative, has obtained a surseance of payment or the legal debt relief scheme has been applied to the Client, or has been requested to do so;
    Then SpotOn Wifi has the right to suspend all or part of any agreement between Client and SpotOn Wifi, whether this Agreement is to be terminated without any notice of default and without any compensation whatsoever. Suspension and dissolution are only allowed in so far as the defect justifies SpotOn Wifi’s opinion.
    2. Further, SpotOn Wifi is authorized to terminate the Agreement if circumstances arise that compliance with the Agreement is impossible or reasonable and fairness can no longer be required or if circumstances otherwise arise that are such that unchanged maintenance of the Agreement can not reasonably be expected.
    3. Any Client’s obligations towards SpotOn Wifi will be due immediately upon termination or suspension. The foregoing is subject to exception if the Client offers SpotOn Wifi sufficient security for the performance of his obligations. In case of suspension or cancellation, SpotOn Wifi is not subject to a refund and the Client is not entitled to damages.
  2. Suspension and / or dissolution do not affect the payment obligation for the work already completed. In addition, SpotOn Wifi is entitled to claim from the Client compensation for damage, costs and interests caused by the Customer’s default and the termination of the Agreement, including the income derived from SpotOn Wifi.
  3. In addition to the suspension mentioned in this article, SpotOn Wifi is also entitled to deny the Client or an End User the access to the Service as well as to disable the Product.

Article 13. Confidentiality

  1. SpotOn Wifi and Client are required to maintain confidentiality of all confidential information and data they have obtained under the Agreement.
    2. Information shall be confidential if notified by the other party or as a result of the nature of the information as well as the work described in Article 16.
    3. The confidentiality referred to in paragraph 1 shall not apply in so far as SpotOn Wifi statutory or professional regulations impose an obligation to provide information.

Article 14. Complaints

  1. Complaints about the Product and / or Service should be reported to SpotOn Wifi in writing within 10 working days after delivery of the Product and / or Service.
  2. Complaints about the invoice must be reported to SpotOn Wifi in writing within 10 business days of the invoice date.
  3. A complaint does not suspend the client’s payment obligation.
  4. If a complaint is well founded, SpotOn Wifi will still comply as agreed, unless it has already proved to be meaningless to the Client. The latter must be made known by the Client in writing.
  5. Client will provide all SpotOn Wifi for investigation of the complaint, by providing SpotOn Wifi with the opportunity to investigate or report on the nature of the complaint, including quality and / or quantity of the delivered performance.
  6. If it is found that a complaint is largely unfounded, the costs will arise, including research costs, on behalf of the Client.
    7. By way of derogation from the statutory limitation periods, the limitation period of all claims and defenses of the Client against SpotOn Wifi and SpotOn Wifi in the execution of a contract is 1 year.

Article 15. Use of the service

  1. The Client acknowledges that the Intellectual Property Rights relating to the Software of the Product, hereinafter “the Software”, with SpotOn Wifi and / or its licensors.
  2. The Client is not allowed without the prior permission of SpotOn Wifi to customize, reproduce, publish, distribute, etc. the software.
  3. Subject to the provisions of Article 10 of these Terms and Conditions, the Client shall be liable for the damage suffered by SpotOn Wifi and / or a third party as a result of a legitimate defect in compliance, unauthorized action or omission of users of the Product and / or Service . Client indemnifies SpotOn Wifi against third party claims for compensation for damage resulting from unauthorized action or omission.

Article 16. Data, designs and drawings

  1. The intellectual property rights relating to SpotOn Wifi manufactured, provided or purely used for the purposes of the execution of the Agreement, shall be (remain) based on drawings, calculations, descriptions, models, tools, software, equipment, offers, reports and other materials. SpotOn Wifi or its suppliers.
  2. All information contained in the documents referred to in paragraph 1 or underlying the manufacturing and construction methods, products and the like, shall remain reserved exclusively to SpotOn Wifi, regardless of whether or not it has been charged to the Client. The above information should be returned to SpotOn Wifi at its first request.
  3. The Client ensures that the information referred to in this Article, other than for the purposes of the Agreement, is copied only with the written permission of SpotOn Wifi, displayed to third parties, made known and / or used.

Article 17. Intellectual property rights

  1. All intellectual property rights to Services and / or Products and the know-how rests solely with SpotOn Wifi or its licensor (s). The Client only obtains the use rights and powers granted under these General Terms and Conditions or in the Agreement and within the limits of the license. The provision of Services and / or Products never implies any transfer of intellectual property rights.
  2. Client is not permitted to remove or modify any term of intellectual property, in the broadest sense of the word, from the Services and / or Products, including the confidentiality and confidentiality of the Services and / or Products.
  3. The Client shall not disclose, reproduce, or make available to any third party, in any manner whatsoever, the Services and / or Products in any manner whatsoever, without the prior written consent of SpotOn Wifi, except in cases where the permission from the nature of the Service and / or Product shows.
  4. SpotOn Wifi can take technical measures to protect the software. If SpotOn Wifi has thus secured the software, the Client is not allowed to (or attempt to) remove this security (or allow) it to be evaded.
  5. The Client asserts that they own or hold, at least (in time), all necessary licenses and / or licenses for all materials, data, software and / or software provided by SpotOn Wifi.
  6. Client is responsible for the use and application in its organization of the Services, Products, Control and Security Procedures for adequate system management.6. The End User obtains only a non-exclusive and non-transferable use of the Services with respect to the agreed objectives.
  7. The Contractor is authorized to use the Client’s trade name and logos, as well as a shortened version of the Agreement, or an already agreed agreement, without further permission from the Client, to use for other purposes, including those of Marketing and Placement on the Contractor’s Website.

Article 18. Telecommunications

  1. If the Client’s telecommunications facilities are used in the performance of the Agreement, the Client is responsible for the correct choice and timely availability. SpotOn Wifi accepts no liability for non-transmission transmission errors.
  2. All costs associated with the use of telecommunications facilities are at the expense of the Client.
  3. When processing data using telecommunications facilities, SpotOn Wifi will assign to the Client access or identification codes. Client will treat the access codes confidentially and inform only authorized employees.

Article 19. Security and privacy

  1. As far as the use of the Service involves the processing of personal data, SpotOn Wifi and the Client shall be responsible. In this capacity, SpotOn Wifi will adhere to all its legal obligations, provided SpotOn Wifi Client provides an explicit assignment. On [carrier, SpotOn Wifi will review this in a timely manner. The Client will inform SpotOn Wifi in writing of the improvements and the manner in which the Client performs his / her obligations under the Privacy Policy, as far as is relevant for the implementation of this Agreement. By entering into this agreement, Client instructs SpotOn Wifi to process the End User Personal Data. Other processing will only perform SpotOn Wifi on behalf of the Client or if there is a legal obligation.
  2. The Client explicitly decides to process and / or store personal data of End Users in a database for the performance of the agreement.
  3. SpotOn Wifi will only process personal data such as those disclosed to him in the context of the Service, for the purpose of performing the assignment as provided in this Agreement and respecting confidentiality.
  4. SpotOn Wifi will provide technical and organizational measures to achieve an appropriate level of security.
  5. Under the privacy regulations, the Client has obligations to the persons concerned, such as providing information, as well as giving access to, correcting and deleting personal data. The responsibility for the fulfillment of these obligations rests on the Client. SpotOn Wifi will co-operate with the obligations to be fulfilled by the Client.
  6. The exact terms and conditions for processing personal data must be included in a separate processing agreement.

Article 20. Software and / or equipment of suppliers

  1. If and to the extent that SpotOn Wifi makes available to third parties software and / or third party equipment, provided that SpotOn Wifi Client has notified in writing that, with respect to those Products and / or Services, the terms of third parties in the ratio of SpotOn Wifi (as SpotOn Wifi) and Client (as Customer / Client), with the exception of the terms of these Terms and Conditions. Client accepts the intended terms of third parties.

Article 21. Packaging, shipment and (internal) transport

  1. SpotOn Wifi determines the manner of packaging and shipping. If the Client requires a special packaging and / or shipping method, the additional costs involved will be borne by him.
  2. All (return) shipment (s) and all (internal) transportation, also in the context of the on-the-spot delivery, are at the expense and risk of the Client.
  3. SpotOn Wifi does not return the packaging by default. The client acts with the packaging in a manner that is in accordance with the applicable government regulations.

Article 22. On-site preparation

  1. If it has been agreed that the Products are being delivered (delivered and installed), the Internet connection and any cabling work will be done at the expense and risk of the Client.
  2. Client is liable for and liable for compensation for all (indirect) damage to and loss of materials, tools, tools and employees supplied or employed by SpotOn Wifi at the destination unless this loss or damage is due to intentional or gross negligence blame for SpotOn Wifi.

Article 23. Returns

  1. Client returns returned Products in the state where they were received by the Client (New) in the original packaging and only in agreement with and after written permission from SpotOn Wifi. Each return shipment is given with reasons. Client must be able to prove the return at any time.
  2. Receiving return returns does not mean that SpotOn Wifi acknowledges the return returned by the Client. The risk of returned Products is based on the Customer until the return by SpotOn Wifi has been received.
  3. In case of non-compliance with (one of) the terms set forth in this article, SpotOn Wifi is entitled to refuse or return the return dispatch at the Client’s expense.

Article 24. Software

  1. For the delivery of the software, the license or other terms of the manufacturer or supplier of SpotOn Wifi are attached to the information carrier.
  2. SpotOn Wifi does not provide any warranty as regards the software provided by the manufacturer or supplier.
  3. With regard to proprietary software, no warranty is required, unless a maintenance agreement is concluded or if maintenance fee is included in the software. In these cases, Customer may report in detail to the Contractor in accordance with the usual procedures of the Contractor. After receiving the notification, SpotOn Wifi will try to restore clear programming errors and / or make improvements to later versions of the software. The results will be made available to the Client, depending on the urgency of the SpotOn Wifi, to be determined by SpotOn Wifi. The contractor is entitled to provide temporary solutions or program paths or problem avoidance restrictions in the software. In the absence of explicit agreements, the Client will install, install, parameterize, tune and, if necessary, adjust the corrected software or the available new version. Unless explicitly agreed otherwise, SpotOn Wifi is not required to perform data conversion.
  4. Once the Agreement has ended, the Client may not use the Software.
  5. For a fee, SpotOn Wifi can reset the product’s factory settings. The foregoing must be agreed in writing and in writing.

Article 25. Obligations of the Client

  1. Client reserves the right to prevent other persons, companies or Internet users from using the service and / or damage to the System. The Client is prohibited from initiating processes or programs, whether or not through the System, which the Client knows or reasonably suspects that such SpotOn Wifi, other persons, businesses or Internet users may interfere with or cause damage.
  2. The Client is not permitted to transfer or to use third parties in their account, manual or other rights deriving from the Agreement unless explicitly authorized by SpotOn Wifi.
  3. The Client hereby grants SpotOn Wifi his or her personal information in the personal registration of SpotOn Wifi which is required for its administration and management tasks. This personal registration contains both account and traffic data and is only accessible to SpotOn Wifi and is not provided to third parties unless SpotOn Wifi is required by law or by a court order.

Article 26. Jurisdiction Disputes Committee and applicable law

  1. These terms and conditions will remain in effect if SpotOn Wifi changes name, legal form or owner.
  2. Under any legal relationship between the Parties, only Dutch law shall apply.
  3. Any dispute between the Parties which may arise as a result of or connected with the execution of an Agreement between the Parties shall be submitted to the competent court of the Northern Netherlands District, Groningen, at the option of SpotOn Wifi.
    These terms and conditions will enter into force on June 1, 2017.

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