Version 3.0 | March 2020

Terms of use

General

The service "Procademy" is offered to you via the Internet as Software-as-a-Service. To the use of Procademy are subject to the following conditions. By Procademy to use, you agree.
Deviations from these general terms and conditions are only binding if they are made by Procademy have been accepted in writing. These general terms and conditions shall apply regardless of any (prior) reference to any terms and conditions of the client or to any other general terms and conditions.
The client's terms and conditions or reference to third parties shall only apply if they are expressly accepted in writing by Procademy have been accepted.
Procademy is a trade name of Procademy B.V.

Article 1. Use of the service

1.1Procademy is offered to you for automation purposes within your company by means of the via Procademy offered tools. You decide how you use the tools and for which specific purposes.
1.2Om Procademy you must sign the application form and return it digitally or on paper to Procademy. Please follow the instructions on the site.
1.3 You must protect unauthorized access to your account by means of the username and password. In particular, you must keep the password strictly confidential. Procademy You may assume that everything that happens from your account after logging in with your username and password will take place under your guidance and supervision. You are liable for all such actions, unless you are at Procademy has reported that someone else - through no fault of your own - knows your password.
1.4With Procademy you can process personal data. Therefore, in addition to this agreement, you enter into a Processing Agreement with Procademy.

Article 2. Terms of use

2.1 It is prohibited Procademy to be used for actions that contravene Dutch or other applicable laws and regulations. This includes storing or distributing through the service information that is defamatory, defamatory or racist.
2.2 In particular, it is prohibited Procademy be used in such a way as to cause nuisance or inconvenience to other users. This includes the use of your own scripts or programs for uploading or downloading large amounts of data, or making excessive calls to the service.
2.3 If Procademy If you find that you are in breach of the above conditions, or receive a complaint about it, it will warn you once. If this does not lead to an acceptable solution, you may Procademy intervene himself to end the offense. In urgent or serious cases Procademy without warning.
2.4 If in the opinion of Procademy annoyance, damage or any other hazard to the functioning of the computer systems or the network of Procademy or third parties and/or the provision of services via the Internet, in particular by excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, is Procademy entitled to take all measures it reasonably considers necessary to avert or prevent this danger.
2.5Procademy shall be entitled at any time to report established offences.
2.6Procademy you or an authorized person on your behalf may recover from you any damages resulting from violations of these Terms of Use. You indemnify Procademy of all third party claims relating to damage caused by you or an authorized person on your behalf as a result of a breach of these Terms of Use.

Article 3. Availability and maintenance

3.1Procademy makes every effort to make the service available, but specific assurances regarding availability are only given if a separate service level agreement is concluded with Procademy.
3.2Procademy actively maintains the service. If maintenance is expected to result in a reduction in availability, then Procademy perform this when the usage of the service is relatively low. Planned maintenance with a limitation of availability is announced in advance. Maintenance in connection with calamities can take place at any time and is not announced in advance.
3.3Procademy may from time to time include functionalities of Procademy adjust.

Article 4. Hosting

4.1The maximum load of your Procademy-environment is limited on the basis of fair use policy.
4.2 If your usage far exceeds the average usage, then Procademy consult with you to limit the use.
4.3 It is forbidden for you or an authorized person on your behalf to post material that:
a) is defamatory, defamatory, insulting, racist, discriminatory, hateful or otherwise prohibited by criminal law,
b) is erotic or pornographic, unless explicitly permitted in the offer, c
) infringes the rights of third parties, including in any case but not limited to copyright, trademark rights and portrait rights,
d) violates the privacy of third parties, including in any case, but not limited to, the unauthorised or indiscriminate dissemination of personal data of third parties or the repeated harassment of third parties with unsolicited communications,
e) contains hyperlinks, torrents or similar information which you know or ought to know refers to material infringing the rights of third parties, f
) contains unsolicited commercial, charitable or idealistic communications,
g) contains malicious content such as viruses or spyware.
4.3.1.It states Procademy free to check the material posted by you for violations of the restrictions mentioned in 4.3.a. to 4.3.g.
4.3.2. If such monitoring has established, or provided reasonable grounds to suspect, that you are violating these restrictions, then Procademy entitled to suspend the publication of the e-learning course in question and to demand the adaptation or removal of the material in question. Procademy in case of suspension of publication, will inform you within 8 hours.
4.3.3.If you cause damage to a third party as a result of this violation, the Procademy free, at the third party's request, to provide that third party with all information necessary for recovering the damage from you, including in any case, but not limited to, providing copies of the posted material.
4.4You will refrain from other users of Procademy interfere with, or cause damage to, Internet users' servers or the servers of Procademy. It is prohibited for you to start processes or programs, whether or not via the server, of which you know or can reasonably suspect that this is the case. Procademyother users of Procademy or hinders or damages Internet users. Procademy will inform you of any measures taken in such a case.

Article 5. Intellectual property

5.1The service Procademythe associated software as well as all information and images on the website is the intellectual property of Procademy. They may not be copied or used in any way without the separate written consent of Procademyexcept where permitted by law.
5.2 Information that you store or process through the service is and remains your property (or that of your suppliers). Procademy has a limited right of use to use this information for the service, including for future aspects of the service. You may revoke this right of use by deleting the relevant information and/or terminating the agreement.
5.3 If you send information to ProcademyFor example, feedback about an error or a suggestion for improvement, you give her an unlimited and perpetual right to use this information for the service. This does not apply to information that you expressly mark as confidential.
5.4 In order to be able to provide a good service, you will Procademy be aware of data that you store and/or disseminate through Procademyunless expressly agreed otherwise. Procademy will try to limit the knowledge of the data as much as possible, as far as the service allows.

Article 6. Allowance for service

6.1To the use of Procademy is a fee for the use of certain functionality. You will be informed of the costs for the relevant functionality. The fee will be charged monthly in arrears.
6.2Bpayment can be made by transferring the amount yourself to the bank account of Procademyaccording to the payment instructions on the invoice.
6.3Because the service is provided directly, at your express request, it is not possible to reverse a payment by invoking the Distance Selling Act. 

Article 7. Liability

7.1 Except in the case of intent or gross negligence, the liability of Procademy limited to the amount equal to 3 months of user license prior to the moment of the damaging event.
7.2Procademy is explicitly not liable for indirect damage, consequential damage, loss of profit, missed savings and damage due to business stagnation.
7.3 Condition for the existence of any right to compensation is that you have the damage within two months after discovery in writing to Procademy ...reports.
7.4 In case of force majeure Procademy never obliged to pay compensation for the damage caused to you as a result. Force majeure includes disruptions or failures of the Internet, the telecommunications infrastructure, power failures, internal disturbances, mobilisation, war, transport congestion, strikes, lockouts, business interruptions, stagnation in supply, fire and flooding.
7.5During force majeure, the obligations of Procademy for the execution of the order. If the period of force majeure lasts longer than four weeks, both parties shall be entitled to dissolve the agreement without any obligation to pay damages. If Procademy has at that time already granted partial access to the service, these shall be provided by Procademy charged to you, and you are obliged to pay this invoice.

Article 8. Duration and termination

8.1This Agreement shall be effective from the time the offer is made by you and continues thereafter. Procademy is signed and lasts for the period agreed in the application form.
8.2 After this period, the agreement is tacitly renewed for the same period. If you as a consumer enters into the agreement, you can after tacit renewal at any time terminate the agreement with a notice of one month, counted from the time of termination. Business customers can always terminate at the end of the term referred to in paragraph 1 with a notice of one month.
8.3Procademy can terminate the agreement if you have not logged in for eighteen months. In that case, it will first send a reminder email to the email address associated with your account.
8.4 Upon termination of the agreement you will receive a copy of the data that is currently available from you via the service.
8.5 If you do not comply with the obligations arising from the agreement and this non-compliance justifies dissolution, then Procademy entitled to dissolve the agreement immediately without any obligation on his part to pay any compensation or indemnity, while you are obliged to pay compensation or indemnity for breach of contract.
8.6 In the event of liquidation, (applying for) suspension of payments or bankruptcy, attachment - if and insofar as the attachment has not been lifted within three months - at your expense, debt rescheduling or any other circumstance as a result of which you can no longer freely dispose of your assets, the Procademy free to terminate the agreement immediately or to cancel the agreement, without any obligation on his part to pay any compensation or indemnity. The claims of Procademy on you are in that case immediately due and payable.

Article 9. Modifications of conditions

9.1Procademy may change these terms and conditions as well as the prices at any time with effect from a new payment period (as defined in 8.1).
9.2Procademy will announce the amendments or additions via the service at least thirty days before they enter into force so that you can take note of them.
9.3 If you do not wish to accept an amendment or supplement, you may terminate the agreement until the date on which it takes effect. Use of the service after the date of entry into force constitutes acceptance of the amended or supplemented terms and conditions.

Article 10. Other provisions

10.1 This agreement is governed by Dutch law.
10.2 Insofar as the rules of mandatory law do not prescribe otherwise, all disputes in connection with Procademy be submitted to the competent Dutch court for the district in which Procademy is established.
10.3 If a provision in these Terms of Use requires a communication to be made "in writing", it is also satisfied if the communication is made by e-mail or communication via the service, provided it is sufficiently established that the message actually originates from the alleged sender and that the integrity of the message has not been compromised.
10.4The version of communication or information as stored by Procademy shall be deemed accurate unless you provide evidence to the contrary.
10.5 If a provision in these terms of use turns out to be null and void, this does not affect the validity of the entire terms of use. In this case, the parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as far as is legally possible.
10.6Procademy is entitled to transfer its rights and obligations under the agreement to a third party who Procademy or take over the business activity in question from her. In such a case Procademy inform you of this in writing.

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