Terms and Conditions

If you have any questions about these terms and conditions or the Software, please do not hesitate to contact us at info@presscloud.co. We have the right to change these general terms and conditions. You agree that the latest version of these terms and conditions will always apply. Deviating agreements only apply if they have been accepted by us in writing.

Article 1 - General

These general terms and conditions apply to every offer and agreement that we conclude with you.
  1. We will send these general terms and conditions to you free of charge upon request. They are also available at www.presscloud.co.
  2. If any part of this Agreement is void or voidable, it will not affect the validity of the rest of these terms and conditions or the agreement to which they apply. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.
  3. Article 2 - Quotations and offers
All our offers and quotations are without obligation, unless otherwise agreed. An offer in a quotation only applies to the specific underlying order (and not to any future orders).
  1. We will send these general terms and conditions to you free of charge upon request. They are also available at www.presscloud.co.
  2. If any part of this Agreement is void or voidable, it will not affect the validity of the rest of these terms and conditions or the agreement to which they apply. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.
The price includes any expenses and VAT.
  1. The price includes any expenses and VAT.
  2. We can always adjust our prices and rates. The price change will take effect month after its announcement.
  3. If you do not agree with the price change, you can cancel the agreement with us within 14 days. The agreement then ends on the date that the price change takes effect.
Article 4 - Payment and collection costs
  1. We will debit the amount for the use of the Software by direct debit from your account every month around the 1st of the month.
  2. If you do not meet your payment obligation on time, you are automatically in default. In that case, you owe the statutory (commercial) interest on the outstanding amount. The interest on the due amount is calculated from the moment you are in default until the moment you pay the full amount due.
  3. If you are in default, you also owe us all extrajudicial collection costs. With an outstanding amount up to €267 these costs will be €40. With a higher amount, the maximum collection costs are as follows:
    • 15% over the first €2500;
    • 10% over the portion that remains after that, until €5000;
    • 5% over the portion that remains after that, until €10.000;
    • 1% over the portion that remains after that, until €200.000;
    • 0,5% on the other part, whereby the total collection costs are maximum €6.775.
Article 5 - Use of the Presscloud platform
  1. To use our Software, you must register on our website. Only you may use the personal account. You may not give others access to (a backup copy of the) Software.
  2. You must keep your account information and password strictly confidential. You are liable for all actions taken after logging in with the account information and password. You are not liable for these actions if you have reported to us that someone else knows the password for a personal account.
  3. You are responsible for the technical operation and maintenance of your internet connection, internal network and all other IT systems that are necessary according to our system requirements for the use of the Software.
  4. We have the right to block a personal account. We will do this if we have a reasonable suspicion that one or more personal accounts are in violation of the law or this agreement. In addition, we reserve the right to attach other consequences to this use.
Article 6 - Availability and maintenance of the Presscloud platform
  1. We will ensure that you can use the Software while we have a contract with you. We will endeavor to make the Software available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of the Software.
  2. We can (partially) take the software out of operation for maintenance. You will receive a notification from us one working day before the scheduled maintenance. We will not notify you in an emergency only.
  3. We reserve the right to change the Software and to change, remove or add certain features or functionalities of the Software.
  4. We do not warrant that the Software is error-free. Notify us immediately if the Software has a malfunction, such as an error message or the loss of functionality of the Software. You can do this by emailing info@presscloud.co. We will then do our best to resolve the malfunction as soon as possible.
Article 7 - Force majeure

We are not liable if we cannot fulfill the agreement with you due to force majeure. This also applies if you are unable to fulfill the agreement due to force majeure. If the force majeure lasts longer than 1 month, this agreement can be canceled in writing. In that case there is no right to compensation. We will send you an invoice for the (unpaid) period that you have used the Software.

Article 8 - Intellectual property rights
  1. We (or our licensors or suppliers) are the sole owner of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code and know-how, that rest on or arise from the Software.
  2. You only get the right to use the Software. You cannot claim the intellectual property rights referred to in paragraph 1. The right to use the Software is not exclusive and it is not permitted to transfer or license the right to use the Software.
Article 9 - Confidentiality

We are obliged to keep all your confidential information secret. By 'confidential information' we mean all information that you have indicated to be confidential or of which it arises from the nature of the information. In any case, the following is confidential information:
a. information related to research and development, trade secrets or corporate information;
b. personal data as referred to in the General Data Protection Regulation (GDPR).

Article 10 - Liability
  1. You indemnify us against all claims from others because of the data that you have stored, collected or processed using the Software. We are not liable for the content of the data that you have stored, collected or processed within the Software.
  2. We are not liable for damage caused by improper use of the Software.
  3. We are only liable for your direct damage, which is directly and exclusively the result of a shortcoming on our part.
  4. Our liability is always limited to the amount that our business liability insurance pays out in that case.
  5. We undertake to ensure careful storage of the data from you. We are not liable for damage or loss of data stored with us or with third parties.
  6. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on our part.
Article 11 - Applicable law

Dutch law.

Article 12 - Competent court

Court of Amsterdam.