General conditions of sale of VIPCONN B.V.
Article 1 – Definitions
In these general terms and conditions, the following terms have the following meanings:
- Client: any natural person or legal entity with which Vipconn concludes an Agreement.
- Service(s): the services to be supplied by Vipconn to the Client, including the making available of personal assistance for usage of the Product;
- Data: all personal data and other information, including telephone data which the Client makes available to Vipconn in connection with the execution of the Agreement.
- Agreement: the Agreement between Vipconn and the Client with regard to the delivery of Products and Services;
- Product(s): the goods to be delivered by Vipconn to the Client, including the making available of an app.
- Vipconn: the private company with limited liability VIPCONN B.V., established in Zwolle.
Article 3 – Agreement
All proposals and offers by Vipconn are without obligation, unless otherwise agreed in writing.
If the acceptance differs from the proposition in Vipconn’s proposal or offer, Vipconn will not be bound thereto unless Vipconn indicates otherwise in writing.
An Agreement is formed after the Client has completed the necessary forms on the Vipconn website and after the payable amount has been received by Vipconn.
All actions which the Client performs prior to the formation of the Agreement are for the Client’s account and risk.
The Agreement is entered into for a period of one (1) year, unless otherwise agreed in writing. The agreement cannot be terminated prematurely. The Agreement will be tacitly renewed at the end of the term, on each occasion by a period of one (1) year, unless the Client or Vipconn cancels the Agreement before the end of the term with due regard for a period of notice of one (1) month.
If – for whatever reason – the Agreement ends, usage of the Products and Services will also end immediately. Any payments already made will not be refunded to the Client.
Article 5 – Prices
The prices referred to in the Agreement do not include VAT.
The payment to be made by the Client to Vipconn will be paid per year in advance.
Vipconn is entitled to change the price of the Products and/or Services as from 1 January of each year. If the price rises by more than 10%, the Client will be entitled to terminate the Agreement.
Article 7 – Vipconn’s rights and obligations
Vipconn will make every effort to make the Products and Services available to the Client.
Vipconn does not guarantee that the Products and Services are available without interruption or completely at all times. Similarly Vipconn does not guarantee that the Products are free of errors, defects or viruses nor that any errors or defects have been resolved.
Vipconn does not guarantee that the Products and Services are suitable for the actual and/or intended use by the Client.
Vipconn is entitled to change the Products as it sees fit or to take them out of use for maintenance or changes, without Vipconn being liable in this respect.
Vipconn is entitled to take technical measures to protect the Products against unlawful use. The Client will accept these technical measures.
At Vipconn’s first request, the Client will cooperate completely with an investigation to be carried out by or on behalf of Vipconn with regard to the (unlawful) use of the Product.
Article 9 – Payment
Vipconn’s invoices must be paid within fourteen (14) days after the invoice date, without any entitlement to set-off, suspension or discount.
If the Client does not pay the invoice by the deadline referred to in Article 8.1, the Client will be legally in default and will then owe Vipconn interest at a rate of 1.5% per month.
The Client must pay all judicial and extrajudicial costs, including costs of legal aid, which Vipconn has to incur as a consequence of non-fulfilment by the Client, up to a maximum of € 750.00.
Article 11 – Privacy
Vipconn will process the Data which is necessary for the execution of the Agreement.
The Client grants permission to process the Data and to make it available to third parties, but only in so far as such is necessary for the execution of the Agreement.
The Client grants permission to use the Data in connection with advertising and/or other commercial purposes on behalf of Vipconn.
Article 13 – Liability
Vipconn is not liable for direct or indirect damage to the Client, on any account, unless the damage was caused by intent or deliberate recklessness on the part of Vipconn.
Without prejudice to the above, Vipconn’s liability is limited, in all cases, to the purchase amount that the Client paid to Vipconn in the year in which the incident of liability occurred, up to a maximum of € 500.
A condition for the applicability of any right to compensation of the Client is always that the Client reports the damage to Vipconn in writing as soon as possible after it has occurred. Any claim for compensation against Vipconn will lapse simply by the passage of two (2) months after the claim arose.
Article 15 Termination of the Agreement
Vipconn is entitled to terminate or dissolve the Agreement with immediate effect, without any additional notice of default or legal intervention being required, in the event of:
- (a request for a declaration of) bankruptcy, a suspension of payments or debt rescheduling on the part of the Client;
- an attachment instigated by Vipconn at the Client’s expense;
- default by the Client pursuant to Article 8.2 of these general conditions;
- actions by the Client which are contrary to the provisions relating to the right to use the Products and Services;
In the instances referred to in Article 15.1, Vipconn is authorised to suspend the further execution of the Agreement and all claims against the Client will, in those cases, be immediately due and payable. What is more, the client’s right to use the Products and Services will also lapse in the aforementioned instances. Any payments already made will not be refunded to the Client.
Article 17 – Privacy Policy
Both mobile applications Android and iOS are requesting access to the following private areas of your mobile:
- Contacts – are necessary to be sent to Vipconn server for your personal assistant to be able to start a call for you with a desired contact. Also the last missed calls will be transferred to Vipconn server so your personal assistant will be able to tell you who tried to call you and when.
- SMS – because you can ask your personal assistant to send somebody a sms message the application will require access to this service. Your existing sms messages are not transferred to Vipconn server.
- Agenda events – your personal assistant can schedule for you meetings and other events that you desire when you are driving for this the access to your events agenda it’s required. The application will not send your existing events to Vipconn server, but only register new event at your request.
- Bluetooth – when you enter the car and probably sometime you forget to open the application the Bluetooth service it’s announcing the application to start because it detected a car kit connection on your mobile. The application does not send any information regarding to your Bluetooth connection.
- Light sensor (only for Android) – the application gets the information from your device light sensor to adapt the theme of the application when you are in dark spots so it will not distract you. No information regarding the light sensor will be stored or transmitted by the application.
- GPS Location – it is used to identify your position by your personal assistant at your request only. When a personal assistant want to know your position you will have to confirm the action on your phone else the GPS coordinates will not be sent. This feature is used for navigation purposes when you want to be guided to your destination using the map application on your phone.
VIPCONN B.V. 2023
