Terms of Use


WiSch Enterprise Terms of use

(Vanwege ons internationale karakter zijn deze in het Engels)


I.Terms of use

1.These are the terms of use of WiSch Enterprise B.V., with office address at Arubaplein 2, 3193 LB Hoogvliet RT, The Netherlands, and registered with the Dutch Chamber of Commerce under number 647083065 (WiSch Enterprise)

2.These terms can be found at the website of WiSch Enterprise www.WiSch-Enterprise.com (the Website) and will be send on request by email or by post

3.If you have any questions about these terms you can send an email to info@WiSch-Enterprise.com or call at +31 (0) 6 21 901 585


II.Applicability of terms of use

1.These terms of use apply to all aspects of the legal relationship between WiSch Enterprise and the users (hereinafter a User) of the services provided by WiSch Enterprise (the Services)

2.WiSch Enterprise reserves the right to alter or amend these terms of use from time to time. WiSch Enterprise will make reasonable efforts to inform the User of such changes through WiSch Enterprise's website. If a User subsequently continues to use the Services, this will be understood to imply User's acceptance of the alterations and amendments

3.If any part of these terms of use turns out to be void or unenforceable, the remainder for the terms of use remains valid and the void or unenforceable provision will be considered to have been replaced with a provision that corresponds as much as possible with the meaning and purpose of the void or unenforceable provision


III.Electronic signatures and signed documents

1.WiSch Enterprise Services enable the use of signatures in electronic form. The legal status of such signatures can vary depending on the applicable jurisdiction, the purpose for which the signatures are used and other circumstances that may be relevant under applicable law. It is User's responsibility to ensure that signatures obtained or provided by means of the Services have the desired legal effect. WiSch Enterprise makes no commitments in this respect

2.WiSch Enterprise will take reasonable measures to safeguard the confidentiality of documents and information exchanged by means of the Services. WiSch Enterprise makes no commitments with regard to the availability of such documents and information or any information generated in the context of the Services (such as, signing logs)

3.Without prejudice to article 4, WiSch Enterprise makes no commitments with regard to the successful completion of a signing process, such as (without limitation) with regard to emails reaching the intended recipient or the availability of the Services for the completion of a signing process once initiated

4.For the avoidance of doubt, WiSch Enterprise has no involvement with and accepts no responsibility:

I.for the content of documents or other information exchanged through and/or signed by means of Services; or

II.whether or not any documents are legally valid and binding under any jurisdiction. WiSch Enterprise does not monitor such content or other information exchanged through the Services


IV.Pricing

1.The pricing for the Paid Services is presented on our Website. The pricing listed on our Website is valid for as long as it is listed on our Website. No rights can be derived from changes in the listed pricing. The definitive pricing is shown at the checkout pages of the Website or in a separate Agreement

2.WiSch Enterprise reserves the right to change the pricing for Paid Services for new Users. Pricing of Existing Users will not be affected by general price changes. WiSch Enterprise may, however, decide to change the Paid Services or its pricing. Existing Users are in such case entitled to cancel their Account

3.All listed prices are exclusive applicable VAT. If fees are not automatically charged, issued invoices are payable within 14 (fourteen) days after the date of invoice. If payment has not occurred within 14 (fourteen) days after the date of invoice, WiSch Enterprise may charge statutory interest, and collection costs to an amount equivalent to 15% of the overdue payment, block your Account or cancel your Account


V.Intellectual property

1.All industrial and intellectual property in the Services, including (without limitation) rights in the software used to provide them, remains with WiSch Enterprise or its licensors. WiSch Enterprise grants to User a non-exclusive, non-transferable, revocable license to use the Services in conformity with these terms of use

2.Documents and other information uploaded by User to WiSch Enterprise's systems, or otherwise provided by User in the context of the use of the Services, may contain third party intellectual property. With regard to such intellectual property, User grants to WiSch Enterprise a non-exclusive, irrevocable license for the use thereof to the extent required for and for the sole purpose of providing the Services to User. User warrants that he has the right to grant such license, including (without limitation) to the extent it applies to third party content

3.Any feedback or suggestions provided by the User with regard to the use, design or functionally of the Services may be used freely by WiSch Enterprise for the improvement and further development thereof. Any new intellectual property resulting from such improvement or development will remain with WiSch Enterprise. To the extent that such new intellectual property does not reside with WiSch Enterprise by operation of law, User will render all cooperation necessary to affect the transfer of such intellectual property to WiSch Enterprise


VI.Privacy

WiSch Enterprise will process personal data in compliance with Dutch data protection law and with WiSch Enterprise's privacy policy as published on the WiSch Enterprise website


VII.Liability

1.To the extent permitted by applicable law, WiSch Enterprise excludes all liability with regard to the provision or use of the Free Services

2.More specifically (without limitation), WiSch Enterprise accepts no liability, to the extent permitted by applicable law, for loss of data, third party access to data due to unlawful entry into computer systems, a signing process not being completed, a signature not having the desired legal effect, loss of contract, loss of contract value or loss of income or profits or any (other) indirect or consequential damages irrespective whether the Services are offered by WiSch Enterprise directly or through a third party

3.For Paid Services, WiSch Enterprise accepts liability for damages caused directly by the Paid Services to an individual User. This liability is limited to the invoiced amount with a maximum of 12 cumulative months


VIII.Assignment

User agrees that WiSch Enterprise is entitled to assign its rights and obligations under the agreement for the provision of Services to a third party in the context of the partial or complete transfer of its business


IX.Governing law and jurisdiction

1.Any agreement between WiSch Enterprise and User will be governed by and construed under the laws of the Netherlands, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods and other rules of private international law

2.The parties irrevocably submit to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands, for the resolution of any dispute arising from or in relation to any agreement between WiSch Enterprise and User

Version: August 2017




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