1. User data
The Company has the right to gather and/or request Personal Data of Users and Customers, if the Company deems it necessary in order to provide the Service, and the Customer or User has given their permission to do so. The Company proactively works to process any gathered Personal Data in a secure manner, and provides a publicly accessible Privacy Statement which clearly describes what Personal Data is gathered, why it is gathered and on what legal grounds.
The Company has the right to inquire about the identity of Customers. To this end, the Company has the right to require additional information from the Customer. This information may include, but is not limited to: legal name, date and place of birth, country of origin, identity documents and descriptions of the Activities of the Customer or their company. If the Company has any doubts regarding the validity or legality of the information provided by the Customer or their activities, the Company has the right to provide the Customer's information to third parties which are authorised to review this information, such as the FIOD or the police. In this case, the Company has the right to refrain from paying out any outstanding Balance to the Customer, until the authorities have made a deciding verdict concerning the validity or legality of the information provided by the Customer or the Customer's Activities. Any financial damages incurred by the (investigation of) illegal practices by the Customer or the provision of false information by the Customer, will be invoiced in full to the Customer.
In case the Customer makes use of the API, they are fully responsible for informing the Customer on the Service which they will be using, as well as the way their Personal Details are processed, and which Personal Details are processed. The Customer bears full responsibility for the processing of a User's Personal Data on any source not belonging to the Website(s) of the Company. The Company cannot be held accountable for any processing of Personal Data which is not carried out by the Company or on a source not belonging to the Company's Website(s), nor for any conflicts or damages which may thereby be incurred.
The Customer is obliged to register each domain from which they make use of the API. In case the Customer uses the API from a domain that has not been registered on the Website, the Company has the right to terminate the cooperation between them and the Customer immediately.
The Customer guarantees that all Personal Data and other information they provide is correct and complete, and assures that they keep this information up to date. The Customer is obliged to inform the Company of any changes to the name, status or nature of their company, as well as any changes in company details or any other relevant changes. The Customer is strictly prohibited to pretend to be someone else.
The Customer has the responsibility to use a secure password on the Website. The Company cannot be held accountable for any damages which may be incurred by the Customer's use of an unsafe password.
The Company has the right to make changes to the Website at any time.
The Company has the right to make changes to the Subscriptions a Customer may have subscribed to at any time. In case the change substantially changes the nature of the Subscription, or pertains to a raise in the Subscription's Fee, the Customer is informed of this change at least 1 month prior to the change taking effect, and the Company offers the Customer the chance to terminate their subscription before the change takes effect.
In case the Customer observes a bug in the Website or API, the should inform the Company as soon as possible. The Customer will receive a Ticket number with which they can track their submission. The Company will make any efforts to provide a solution as soon as possible. The Company may inform the Customer of their solution, but is not required to do so.
The Company has the right to temporarily make the Service unavailable in order to carry out maintenance to the Website. This ideally takes places at night. If the Company expects that the Service will be unavailable for an extended period of time, the Company will inform the Customer beforehand. The Company cannot be held accountable for any damages incurred by temporary unavailability of the Service due to maintenance.
The Customer has the right to terminate the agreement between them and the Company. They can do this by contacting the Company with the request to terminate their account. In this case, the Customer's page will be made unavailable, their account is made inactive, and any outstanding Balance will be paid out within a maximum of 4 weeks, if the Personal Data and other information provided by the Customer is correct and valid, and approved by the Company. In case the Company has any doubts regarding the validity or legality of the information provided by the Customer or the Customer's Activities, the Company has the right to provide the Customer's Personal Data and information to any third party authorised to review such information, such as the FIOD or the police, and refrain from paying out any outstanding Balance until these authorities have made a verdict regarding the validity or legality of the information provided by the Customer or their activities.
The Company has the right to stop offering Products or Subscriptions at any time. In case this pertains to a Subscription to which a Customer has subscribed, the Company may offer the Customer an alternative solution, or the chance to terminate their Subscription.
The Company charges Fees in return for providing the Service to the Customer. The prices are shown on the Website. The Company has the right to change their Fees at any time. In case any Fees are raised, any Customer making use of the Product, Subscription or other service affected is informed of this change at least 1 month prior to the change, and the Company offers the Customer the chance to terminate their account before the change takes effect.
Payments made by Users are processed by the Company. This means that the Company's details may appear on any proofs of transaction, invoices, bank statements or correspondence to the User. The amounts received are added to the Customer's Balance. The Company makes Payouts to the Customer, when the Customer's Balance exceeds a certain payment limit, and only if the Personal Data provided by the Customer is complete, valid and approved by the Company. The Payouts consist of the Payments made to the Customer, minus any Fees for Products and Subscriptions and Fees for the processing of the Payments received. The Customer also has the ability to request a manual Payout, in exchange for a small Fee, even if their Balance has not reached the payment limit. The standard payment limit is € 50,00. The Company has the right to change this standard limit at any time.
In case a Payment made by a User is charged back, the Company has the right to charge the charged back amount to the Customer, even if the Payment has already been Paid out. The Company can do this by (partially) deducting the amount from the Customer's outstanding Balance or (partially) invoicing the amount.
The Company cannot be held accountable for damages incurred by (temporary) unavailability or malfunctioning of external payment platforms.
Customers and Users have the possibility to pay recurring costs, such as Subscriptions and monthly Payments, automatically via direct debit. They need to give explicit permission for this. They have the right to revoke this permission at all times, via their account settings. The Company informs the Customer/User of any upcoming direct debit requests beforehand. The Customer/User is obliged to make sure that their bank account has sufficient balance to complete the direct debit request successfully. The Company has the right to charge administration costs for any failed direct debit attempt. These costs amount to € 7.50.
The Customer is obligated to assure that any Content they place on the Website is gathered by legal means, is the Artist's intellectual property and/or is used with explicit consent by the intellectual proprietor of the Content. The Company has the right to edit and remove Content, and use Content in promotion material and promotional campaigns.
In case the Customer placed Content which breaks Dutch law, or placed links or references to external sources which contain content which breaks Dutch law, or connects to the API from a source which contains content that breaks Dutch law, the Company has the right to terminate the Service to the Customer immediately. In this case, the Company has the right to provide all information on the Customer and all their Content to the Policy, if the Company deems this necessary or if the police requests it.
The Company has drawn up a list of Community Guidelines, and expects all Users and Customers to follow these guidelines. In case the Company determines that Content placed by a Customer does not meet these guidelines, the Company has the right to edit and/or remove this Content and/or block the Customer's page. The Company will offer the Customer the chance to edit the Content by themselves within 14 days. If the Content does not meet the Community Guidelines after this period, the Company has the right to terminate the agreement between them and the Customer.
6. Final provisions
The Company has the right to make changes to the Terms and Conditions at any time. In case the Company makes any changes to the Terms and Conditions which result in the Service being genuinely altered, the Company informs all their active Customers of the changes made to the Terms and Conditions. The Company offers the Customer a period of 4 weeks to review and accept the new Terms and Conditions. In case the Customer has not accepted the Terms and Conditions by the end of this period, they will be sent a request to accept the Terms and Conditions within 14 days. In case the Customer has not accepted the Terms and Conditions after that period, the Company may terminate agreement between them and the Customer.
The Customer indemnifies the Company against any charges made by Users and/or third parties, as well as any damages deriving from such charges, deriving from the following circumstances:
- Defects to the Service, Website, Products and/or Subscriptions offered by the Company
- The Customer's neglect of any obligations pertaining to Privacy Laws including the General Data Protection Regulation
- Any form of abuse or misuse of the Service by the Customer
- Any unjust actions int the broadest sense of the word by the Customer to Users and/or third parties
- Copyright claims of Content placed by the Customer on the Website
The Company cannot be held accountable for any damages incurred by temporary unavailability of the Service caused by circumstances beyond the Company's control, such as power outage, server breakdowns or actions carried out by authorities such as the police of the fire department.
The agreement between the Customer and the Company may be terminated immediately in case either party has filed for bankruptcy, is in the process of liquidation or has ceased their Activities.
It is strictly prohibited to (attempt to) reproduce, imitate or adapt (parts of) the Website, API, Products or Subscriptions of Duitje.