PriServices  – General Terms and Conditions

By subscribing to one or more services offered by the companies affiliated with the PriSercices (the “Pri-services”), you (the “Account Holder”) agree to the General Terms and Conditions of PriServices. These conditions regulate access to the customer portal (“PriPortal”) and the processing of your personal and / or company data. PriServices is also responsible for managing financial transactions and invoicing the Account Holder on behalf of the Pri-services.

Article 1 – Definitions

The following definitions apply in these conditions:

Agreement
The agreement is established by creating a username and password for the PriPortal and accepting these terms and conditions. In addition to these general terms and conditions, general terms and conditions apply per Pri-service.

Account Holder
Every main user with a user account, who has entered into an Agreement with PriServices as a legal entity, a partnership or natural person. Deactivated accounts and accounts that are used by external persons (or systems) who only have limited access to the Pri-services via the PriPortal (also known as “portal users”) are not regarded as Account Holder.

Pri-services
Pri-services are products or services offered by companies affiliated with PriServices BV, including but not limited to the services of PriServices, PriPost, PriOffice, PriParcel, PriTelecom PriCompliance and PriArchive.

Third parties
Any other (legal) person, not being PriServices BV and / or Pri-services or the Account Holder.

Pri-service website
The website of the Pri-service on which the Account Holder makes the request to purchase the service in question.

Pri-services agreement
The agreement that the Account Holder enters into in the PriPortal for the relevant Pri-service.

Period
One calender month.

E-wallet
An online ‘e-wallet’ that is filled by or on behalf of the Account Holder with which PriServices settles the invoice for the Pri services.

PriPortal
The online customer portal that is managed by PriServices B.V.

PriServices
Administrator and license holder of the PriPortal and administrative processor of Pri-services

Personal data
“Personal data”, “Processing controller”, “Processing” have the same meaning as in Regulation (EU) 2016/679 and Directive 2002/58 / EC, and any regulation or legislation that changes or replaces them (hereinafter referred to as “Legislation on data protection “)

Sub-processors
Parties that perform services for PriServices BV

Article 2 – Applicability

2.1
These General Terms and Conditions apply to every legal relationship between PriServices and third parties and to every agreement and / or legal relationship between PriServices and the Account Holder.

2.2
If the Agreement is remotely concluded electronically, the text of this Agreement can be made available to the Account Holder electronically in such a way that it can be easily stored by the Account Holder on a durable medium. If this is not reasonably possible, it will be indicated before the Remote Agreement is concluded that the Agreement can be accessed electronically and that they will be sent free of charge electronically or otherwise at the request of the Account Holder.

2.3
In the event that specific product or conditions of a Pri-service apply in addition to this Agreement and General Terms and Conditions, the second paragraph applies mutatis mutandis and the provision applies that is specifically written for the purchased Pri-service.

2.4
The conditions drawn up and / or used by the Account Holder are rejected by PriServices and therefore do not form part of the legal relationship.

Article 3 – Access to the PriPortal

3.1
The Account Holder can use the services offered on the PriPortal. Separate conditions apply for each individual Pri-service. The PriPortal is managed by PriServices and is remotely accessible to the Account Holder.

3.2
The Account Holder agrees that when using the PriPortal and the Pri services, PriServices verifies the validity of the use of the services and collects statistics for that purpose.

3.3
PriServices undertakes not to provide data to third parties, except for Pri-services, without the consent of the Account Holder, and to treat all collected data in accordance with the joint Privacy policy of PriServices and the Pri-services which can be found on the Pri-services websites, the PriPortal and the website of PriServices.

3.4
The Account Holder is obliged to keep the login data to the PriPortal secret and under no circumstances to provide it to third parties. If there is a suspicion that the login details are being used by third parties or have been misused, the Account Holder may request new login details free of charge. Even if PriServices suspects abuse, it can provide new login details and / or request additional verification from the Account Holder.

Article 4 – Reimbursements

4.1
There are no costs for the Account Holder to use the PriPortal. The costs of using the Pri-services are calculated separately by each Pri-service and invoiced by PriServices.

4.2
All fees and charges invoiced by PriServices on behalf of the Pri-services are exclusive of all applicable federal, provincial, local or other government taxes, fees or charges (collectively, “Taxes”). The Account Holder is responsible for paying all taxes associated with purchases made by the customer under this agreement, except when PriServices is legally required to pay or collect taxes for which the customer is responsible.

Article 5 – Obligations of the Account Holder

5.1
Good communication between us as a supplier of a service and/or on behalf of another service and you as an Account holder is essential for the correct functioning of the service. Partly for this reason, PriServices has developed an app that the Account Holder must install on his/or her smartphone on which the Account Holder can receive messages that can be sent by or on behalf of an affiliated service. The Account Holder can find instructions to download this app in his environment in the portal. The account holder must also set the smartphone in such a way that push notifications are received, or at least that they are allowed. In addition, the Account Holder must at all times ensure that he or she has a valid and working email address in the account. The Account Holder must also periodically, but in any case at least once every two weeks, log in to his or her personal environment in the portal to inform himself or herself of the status of his or her account in order to take note of the content of any messages (including STANDBY reasons) and/or post addressed to the account holder.

PriServices will use push notifications via the app and email to inform the Account Holder of important messages. However, it is the Account Holder who remains responsible for receiving and reading messages and keeping his or her account active. PriServices and/or its affiliated companies are not liable if messages or push notifications have been sent by or because of a service provided by the Account Holder and these cannot be received or read now that messages are always available in the portal.

5.2
With the purchase of a Pri-service by the Account Holder, the legal obligation may arise that PriServices must verify the identity of the Account Holder. Before the Pri-service can be put into use, the Account Holder must cooperate with this by providing an official proof of identity. PriServices does not store identity documents and removes them immediately after verification.

5.3
In the case of a non-natural person, PriServices must check that the applicant is authorized to represent the legal person before using a Pri-service. The register of the Chamber of Commerce will be consulted for this. In appropriate cases, the Account Holder may be asked for additional evidence (including legal entities not established in the Netherlands).

5.4
Under the same legal provisions, PriServices may require the Account Holder to complete a UBO statement.

5.5
In the event of a (data) change and / or doubt about the correctness of the data provided by the Account Holder, PriServices may request additional data and, if it is not provided, suspend access to the PriPortal and / or the Pri-service.

5.6
The Account Holder is not permitted to use the PriPortal for activities that violate the law, illegal activities / shipments or for a purpose other than for which the Pri-services are intended. The Account Holder indemnifies PriServices and the Pri-services against all damages and costs if the Account Holder acts contrary to the provisions of this paragraph.

5.7
The Account Holder must immediately inform PriServices if there is a change in the data provided by him for the purposes of this Agreement.

Article 6 – Payments and invoicing

6.1
The offered Pri-services primarily use a prepaid payment system (“e-wallet”) with which the subscription fees and costs for the use of these Pri-services on behalf of these Pri-services are settled by PriServices. The Account Holder authorizes PriServices to settle the funds in the e-wallet with outstanding and payable amounts. In the event that an e-wallet is not used, PriServices collects and invoices the Account Holder on behalf of the Pri-services.

6.2
The Account Holder has the obligation to have a sufficient balance in his e-wallet to be able to settle the costs for the Pri-service. If the balance in the e-wallet falls below a certain level, the Account Holder receives a request to supplement the balance.

6.3
The Account Holder has the obligation to deposit a sufficient balance in his e-wallet within 14 days after entering into a Pri-service, or to have a sufficient balance in his bank account when issuing a direct debit, with which the subscription costs for two periods can be settled. In the event of late payment, the request and claim to the relevant Pri-service will lapse.

6.4
The account holder is obliged to keep a minimum balance in his e-wallet with which the costs of the current period plus one period can be settled. PriServices is entitled to adjust the level of the minimum balance in the e-wallet up or down if the use of the Pri-service(s) so requires.

6.5
The rates stated on the Pri-services websites can be changed in the interim. It is the responsibility of the relevant Pri-service to inform the Account Holder, whether or not via PriServices. Subscription fees are charged per period, whereby a part of a month is calculated pro rata.

6.6
CPI indexation is applied for all Pri services. PriServices sets the rates for the new year every December. The new rates apply automatically to all current subscriptions. The old rates will then expire.

6.7
If the Account Holder decides to terminate all Pri-services, he can indicate via the PriPortal that the remaining balance in the e-wallet will be refunded via the payment service provider. PriServices undertakes to make this refund as quickly as possible, whereby the following provisions apply:

  1. if the Account Holder uses a direct debit, the refund will be made after 56 days after the last direct debit has taken place.
  2. If the Account Holder does not use a direct debit, the refund will be made after one period following the last period in which the agreement was terminated.
  3. any costs still incurred from the Pri-service that has been canceled in the period following the last period in which the agreement is terminated can still be settled with the balance in the e-wallet.

6.8
Deposit costs can be charged to the Account Holder for depositing in the e-wallet. These costs are stated with every deposit via the PriPortal.

6.9
If the Account Holder uses direct debit, the following conditions apply:

  1. The height of the amount to be collected depends on the relevant Pri-service and the chosen subscription.
  2. When the balance in the e-wallet reaches a threshold value, the Account Holder will receive a notification by e-mail and a collection will take place within a few days. It is the Account Holder’s obligation to have a sufficient balance in the relevant bank account so that a successful collection can take place.
  3. In some cases, PriServices may request the Account Holder to pay a security deposit for the use of direct debit. The amount of this security deposit depends on the purchased Pri-service(s) and can be increased or decreased in the meantime.
  4. In a direct debit fails to collect, the agreement of the Pri-service(s) can be suspended so that it can no longer be used by the Account Holder. The account holder will receive notification of the reversal by e-mail, after which a second and final attempt will be made to collect the amount due. In the case of a second reversal, the direct debit authorization can be revoked. Additional conditions and adjustments may apply per Pri-service).
  5. Account holder can revoke or change an authorization issued at any time.
  6. PriServices complies with SEPA regulations.

6.10
Only for companies is it possible, after consultation and written approval from PriServices, to pay afterwards on invoice with a payment term of 14 days.

6.11
PriServices will draw up the invoice on behalf of the Pri service(s) immediately after the end of each period, which will be sent to the invoice e-mail address set by the Account Holder.

6.12
PriServices is responsible for the financial administration on behalf of the Pri-services. All financial transactions can only be made through the payment service provider designated by PriServices.

6.13
If the Account Holder is in default for a payment, from the due date PriServices may charge 2% interest per month on the outstanding amounts in addition to an administrative fee of € 25 per calendar month, with part of a month as a whole month is calculated.

6.14
Payments made by the Account Holder are first and foremost intended to settle all interest and costs owed, and secondly the invoices that have been outstanding the longest, even if the Account Holder states that the payment relates to another debt.

6.15
All costs of collection, both judicial and extrajudicial, will be at the expense by the Account Holder whereby the extrajudicial collection costs are set at at least 15% of the principal with a minimum of 40 Euro.

6.16
Payment is made without discount or debt comparison. The Account Holder is not entitled to suspend his payment if the Account Holder owns or claims to have a claim on PriServices or one of the Pri-services.

6.17
If the Account Holder disputes any part of an invoice that is due, the Account Holder must pay the undisputed part by the due date or he owes a fee and penalty for late payment. PriServices also reserves the right to suspend the provision of services as long as there are outstanding fees, deposits and interest or the Account Holder is in default.

Article 7 – Amendment of the General Terms and Conditions

7.1
PriServices reserves the right to change the General Terms and Conditions if this is justified from the point of view of its business operations, also taking into account the interests of the Account Holder(s) involved. PriServices will always inform the Account Holder about such a change. By continuing to use the PriPortal and / or the Pri-services, the Account Holder agrees to the change.

Article 8 – Guarantees, disclaimers, liability

8.1
PriServices and its affiliated Pri-services commit to make commercially reasonable efforts to perform Pri-services and to make the relevant information available in the PriPortal.

8.2
Except as expressly provided herein, PriServices does not provide any form of warranty, whether express, implied, legal or otherwise stated. Each party specifically disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.

8.3
To the maximum extent permitted by law, the total liability of each party together with its affiliates arising from or related to this Agreement shall not exceed 50% of the total amount that the Account Holder has under this Agreement paid during the 12 months immediately preceding the date of the event giving rise to such a claim. Multiple claims will not increase this limitation.

In no event is PriServices or any affiliated company or companies liable for any indirect, special, incidental or consequential damages of any kind, including but not limited to loss of income, profit, savings, loss of business or other financial loss, costs of standstill or delay, lost or damaged data arising from or in connection with the Agreement or service regardless of the form of action, whether under the contract, tort (including strict negligence) or any other legal or equitable theory, even if a party or its affiliated companies have been informed of the possibility of such damage, or if the remedy of a party or its affiliated companies does not meet the essential purpose in any other way.

8.4
Neither party is liable to the other for any delay in performance or non-performance of any Pri-service under this Agreement when such failure or delay is caused by government regulations, fire, strike, war, flood, accident, epidemic , embargo, or any other cause or causes, of similar or other nature, beyond the reasonable control of such a party, as long as such cause or causes exist and whether there is force majeure.

Article 9 – Termination of the Agreement

9.1
Termination of the agreement is only possible if the Account Holder no longer purchases Pri-services and all settlements have been fully settled. To terminate a Pri-service, the Account Holder must follow the procedure described for each Pri-service separately. Terminating a Pri-service does not result in the deletion of the account with PriServices. To delete the account at PriServices, the Account Holder must indicate this at the account settings in the PriPortal. If indicated, the account and the associated data will be deleted from the Account Holder immediately after termination in accordance with the provisions of the Joint Privacy Policy.

PriServices may furthermore suspend or deactivate access to one or more Services in the event that the applicable costs for the Services cannot be collected or paid within the due date stated on the corresponding invoice.

9.2
The Agreement ends in the following cases (whether or not prematurely):

  1. by dissolution of the Agreement in accordance with the provisions of the Civil Code;

9.3
In the following cases, PriServices has the right to terminate this agreement and / or the relevant Pri-service agreement (s) with immediate effect by merely notifying the Account Holder, without being obliged to pay compensation in this regard:

  1. non-compliance with the Agreement or Pri-services Agreement after having been given notice of default and the Account Holder is in default in the performance of his obligations;
  2. in the event of debt restructuring, corporate liquidation, suspension of payment or bankruptcy of the Account Holder;
  3. if there is a suspicion that the use of one or more Pri-services for purposes contrary to any legal provision and / or the purpose for which the Pri-service is intended. This is at the discretion of the Pri-service and / or PriServices;
  4. if complaints about serious and / or persistent infringements of the Dutch Advertising Code have been confirmed by a decision of the Advertising Code Committee or if a court or a (legal) supervisor has determined that there has been abuse and / or improper use of the Pri-service, including (but not limited to) the use of the Pri-service for fraudulent activities and the use of the Pri-service for misleading advertising.
  5. if Account Holder has a payment arrears or acts contrary to the General Terms and Conditions of one of the applicable Pri-services.
  6. if PriServices and / or the Pri-services are required to do so due to legal provisions or changes to supplier provisions.

9.4
Any bank charges for the repayment of funds will be charged to the Account Holder.

9.5
Legal cooling-off period: You have the right to cancel the purchased Pri-service up to 14 days after the application date without giving a reason. Any money paid will then be fully credited. To exercise this right you can contact us via customerservice@priservices.eu. PriServices will then reverse the amount due within 14 days of registering your cancellation.

Article 10 – Liability

10.1
PriServices is not liable towards the Account Holder, regardless of the legal relationship, for damage as a result of loss, damage or delayed delivery of purchased Pri-services.

10.2
PriServices can also not be held liable for any (subsequent) damage suffered by the Account Holder by or because due to the termination of the PriService or one of the Pri-service agreements.

Article 11 – Protection of (personal) data

11.1
Account Holder grants permission to PriServices to collect, record and make personal data available for other Pri-services, whether or not affiliated.

11.2
PriServices uses the data recorded in the context of the Agreement for the implementation of the Agreement and for good services. Consult the Joint Privacy policy of the Pri-services and PriServices for more information about data processing.

11.3
This processing is carried out in accordance with data protection legislation. PriServices is particularly committed to:

  1. to process the personal data only in accordance with the common Privacy policy of the Pri-service(s) and PriServices;
  2. ensure that all persons within PriServices, the Pri-services and / or its affiliated companies and sub-processors who are authorized to process the Personal Data have committed themselves to confidentiality;
  3. implement and enforce appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure;
  4. a request for data protection submitted to PriServices with regard to the data of the Account Holder is processed as quickly as possible;
  5. immediately notify the Account Holder as soon as he is aware of and confirm that he has been accidentally, unauthorized or unlawfully processed, disclosed or has access to the Personal Data;
  6. notify the Account Holder if the processing instructions violate applicable data protection legislation, according to PriServices;
  7. permanently remove all information from the Account Holder that is in the possession of PriServices BV, upon termination of the Agreement, taking into account the delays specified in the Joint Privacy Policy;

11.4
The Account Holder acknowledges and agrees that PriServices may use external service providers (sub-processors) to process Personal Data to provide the Pri-services. PriServices undertakes to use only sub-processors in accordance with data protection legislation. This use is determined by a processor agreement between PriServices and the sub-processor. The Joint Privacy policy of PriServices provides up-to-date information about the use and purposes of sub-processors currently used by PriServices for the performance of the Pri-services.

11.5
PriServices reserves the right to provide personal data to third parties if there is a legal obligation to do so, or if this is necessary for the implementation of the agreement.

11.6
PriServices acts in accordance with and meets the requirements set in the Anti-Money Laundering and Anti-Terrorist Financing Act.

11.7
With regard to the Pri-service of PriPost and PriParcel, within the framework of the General Data Protection Regulation, PriServices is not a Data Processor for the Account Holder. During processing, mail and packages are processed and not the personal data in the mail and / or packages.

11.8
Paragraph 4 does not apply when the Account Holder uses the PriPost scan service. In this case, the General Processor Agreement will automatically take effect. The Account Holder automatically agrees with this if he has accepted the General Terms and Conditions of PriPost when entering into the agreement with PriPost. The General Processor Agreement states how PriPost guarantees the security of the personal data in the mail of its customers. The most current version can be found on the PriPost and PriServices website.

Article 12 – Complaints

12.1
PriServices handles complaints in accordance with our complaints procedure.

12.2
Complaints must be submitted fully and clearly described in writing to PriServices within 7 days, after the Account Holder has discovered the defects.

12.3
Complaints submitted to PriServices will be answered within a period of 14 days from the date of receipt. When a complaint requires a foreseeable longer processing time, PriServices will respond within a period of 14 days with a message of receipt and an indication when the Account Holder can expect a more detailed answer.

12.4
Submitting complaints and / or complaints does not relieve the Account Holder from the agreed payment obligations.

12.5
The right to start proceedings against PriServices expires after a period of one year.

12.6
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

12.7
In the event of complaints, the Account Holder must first of all turn to the country manager of PriServices, under which the Account Holder primarily results. The relevant employee will immediately inform PriServices of each complaint. In the event of complaints that cannot be resolved in mutual consultation, the Account Holder must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution has not yet been reached, the Account Holder has the option to have his complaint handled by Stichting GeschilOnline (www.geschilonline.com), the decision thereof is binding and both PriServices and the Account Holder agree with this binding decision . There are costs associated with submitting a dispute to this disputes committee, which the Account Holder must pay to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 13 – Legal

13.1
Agreements between PriServices and the Account Holder to which these General Terms and Conditions apply are exclusively governed by Dutch law.

13.2
If the parties waive the provisions of Article 12.7, both the Account Holder and PriServices in the first instance are required to use mediation to arrive at a solution.

13.3
In the event of a continuing dispute to the extent that a legal case or legal proceeding is permitted above, both parties agree to submit to the exclusive jurisdiction of the court of The Hague (the Netherlands) for the purpose of litigating all disputes.

13.4
The Vienna Sales Convention does not apply.

13.5
In the event that one or more of the provisions of these Terms and Conditions or any application thereof is in any way invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions and any application thereof to in no way affected or affected thereby. PriServices undertakes to replace any invalid, illegal or unenforceable provision of these General Terms and Conditions with a valid provision with the same consequences and objectives.

Article 14 – Our data

Company Name
PriServices B.V.

Headquarters
Keurenplein 41, 1069CD Amsterdam (NL)

Postal address
Postbus 1000 / Box A1, 2260BA Leidschendam (NL)

Administration
Ambachtsweg 85, 2641KW Pijnacker (NL)

CC number
74869051

VAT number
NL860056077B01

End of General Terms and Conditions (Version 1.4 – 21-04-2020)