General Terms and Conditions for MyPrint Consumers

Transcription

1 General Terms and Conditions for MyPrint Consumers Artikel 1- Definitions 1.1 In these General Terms and Conditions for MyPrint Consumers, the terms with initial capitals are defined as follows (terms in the singular form include the plural and vice versa). Access Code: Combination of the Consumer's address or username and a password chosen by the Consumer, intended for the Connection or other network elements Additional Service: A service offered by the UG in addition to or in connection with the Service as agreed by contract Agreement: The Agreement between the Consumer and the UG in which reference is made to the General Terms and Conditions Connection: The access to the Service offered by the UG to the Consumer Consumer: A user affiliated with the UG and/or a student registered as such with the UG who uses or requests the provision of a Service for purposes other than business or professional purposes Disputes Committee: The Disputes Committee Electronic Communication Services, Bordewijklaan 46, Postbus 90600, 2509 LP The Hague. This independent Disputes Committee is part of the Dutch Foundation for Consumer Complaints Boards (see Equipment: Printing, copying and scanning equipment used for the implementation of the service General Terms and Conditions: These general terms and conditions, which apply to every Agreement between the UG and the Consumer for the provision of printing, copying and scanning services by the UG to the Consumer Offer: A request to enter into an Agreement sent by the Consumer to the UG Order: An order to provide a service given by the Consumer at any time; Pay-as-you-go credit: A sum paid in advance by the Consumer (or by the UG for the Consumer) for the Service Personal Data: Every item of data concerning an identified or identifiable natural person Rates: The rates and other costs relating to the Service that are charged to the Consumer for the use of the Service Service: The printing, copying and scanning services that the UG provides to the Consumer UG: The University of Groningen Website: The website of the University of Groningen through which the Service is accessed

2 2 Artikel 2 - The invitation 2.1 The UG issues the invitation to make an Offer to the Consumer either in writing or digitally. The invitation to make an Offer is free of obligation and contains a detailed description of the Service, Rates and conditions under which the Service is to be provided for the Consumer. 2.2 The invitation contains a description of the steps that must be taken before the Service can be provided. 2.3 The invitation refers to the applicability of the General Terms and Conditions and must be accompanied by an electronic copy of these. If the General Terms and Conditions cannot be enclosed with or attached to the invitation immediately, they will be sent to the Consumer as soon as possible. 2.4 If the Consumer wishes to accept the invitation of the UG to enter into an Agreement to use MyPrint as referred to in this Article 2, the Consumer must go to the MyPrint website indicated to the Consumer and create an account using a combination of UG username and a password. In order to proceed, the Consumer must agree to the General Terms and Conditions. After completing these steps, the Consumer is sent an activation link. By clicking on the activation link, the Consumer becomes an active user within UG MyPrint. 2.5 The Agreement takes effect when the UG accepts the Consumer's Offer. Acceptance is deemed to have taken place once the Consumer has activated his or her account following registration on the MyPrint website using the activation link referred to in Article The UG will refrain from any unfair commercial practices. Artikel 3 - Formation of the Agreement 3.1 The Agreement takes effect when an Offer is made by the Consumer to enter into the Agreement, under the conditions described in the invitation from the UG, and the Offer is accepted by the Consumer. 3.2 The UG then sends the Consumer a written or electronic confirmation of acceptance of the Agreement. 3.3 Electronic communication is deemed to have been received on the date on which it was sent, unless the Consumer can prove otherwise. If the communication is not received due to delivery or access problems concerning the Consumer's electronic mailbox, this will be at the risk of the Consumer, whether or not the electronic mailbox is hosted by a third party. 3.4 The Consumer guarantees that he or she has provided the information requested by the UG in relation to the Agreement fully and truthfully. 3.5 Pursuant to Section 7:46a of the Dutch Civil Code (distance contracts), the Consumer may terminate the Agreement in writing or digitally within seven working days of confirmation of the Agreement by the UG. 3.6 The UG may reject an Offer at any time and may do so inter alia in the following cases: If the Consumer lacks legal capacity to contract; if the Consumer is a minor, the UG will require co-signing by a competent parent or a legal representative - If the Consumer does not meet the requirements set by the UG including the provision of required information to enter into an Agreement. If requested to do so, the UG will explain why an Offer was rejected. Artikel 4 - Duration, use and termination of the Agreement 4.1 In principle, the duration of the Agreement is indefinite, and it commences as soon as a Pay-as-you-go credit has been made available to the Consumer.

3 3 4.2 The Consumer can place an Order provided that the Pay-as-you-go credit is sufficient. The Pay-as-yougo credit is not sufficient if the costs of an Order exceed the amount of the Pay-as-you-go credit available. In that case, the UG will not carry out the Order. 4.3 Under no circumstances will the UG provide a Service to the Consumer on credit. 4.4 The Pay-as-you-go credit remains valid for 12 months, counting from the time of the last use of My- Print. If the Consumer does not use the Pay-as-you-go credit during these 12 months, the credit expires. 4.5 If the Pay-as-you-go credit expires, as described in Article 4.4, the UG is entitled to terminate the Agreement without notice to the Consumer. 4.6 Both the UG and the Consumer have the right to terminate the Agreement at any time by notifying the other party in writing or digitally. In case of termination of the Agreement, the UG will never be obliged to repay or refund the Pay-as-you-go credit. Artikel 5 - Activation of Connection, quality and maintenance 5.1 After or upon conclusion of the Agreement, the UG will, in principle, ensure that the Consumer can use the Service within 24 hours, and in any event, as soon as possible. 5.2 The UG will endeavour to ensure that the Consumer can use the Service without interruption. 5.3 The Consumer acknowledges that the Service may be affected detrimentally and become temporarily unavailable due to factors such as access to and opening of buildings where the Equipment is housed, the replenishment of paper or replacement of toner, and maintenance work on the Equipment or on the UG network. The UG will do everything that can reasonably be expected of it to limit such circumstances. 5.4 If the Consumer, in the light of the content of Articles 5.2 and 5.3, is unable to use or make uninterrupted use of the Connection at any time, this will not lead to any right to reduction of the rates of the Service or to a refund of the Pay-as-you-go credit, or to any right to compensation. 5.5 The Consumer remains responsible for the installation and use of adequate security measures for his or her systems, such as anti-virus software and/or a firewall. The UG is not liable for damage caused by actions by third parties, such as viruses, hacking, exploits or other attacks. Artikel 6 - Rates 6.1 The rates for the Service are in accordance with the applicable Rates. The rates payable are inclusive of VAT, unless otherwise indicated. 6.2 The information from the UG is decisive for the determination of the amounts payable by the Consumer, unless the Consumer can prove that this information is incorrect. 6.3 The UG reserves the right to adjust the rates once a year. This adjustment may be implemented inter alia as a result of price increases implemented by the Dutch government. Artikel 7 - Amendments to the agreement by the UG 7.1 At least four weeks before an intended amendment to a clause of the Agreement (including these General Terms and Conditions) comes into effect, the UG will inform the Consumer in a satisfactory manner of the content of the intended amendment. 7.2 In this case, the UG will offer the Consumer the opportunity to terminate the Agreement free of charge without this giving rise to any right of refund or compensation.

4 4 Artikel 8 - Payment 8.1 Payment for use of the Service takes place exclusively via transfer from the Pay-as-you-go credit. Artikel 9- Driver and Access Code 9.1 The UG will provide the Consumer with an online print facility per Connection. 9.2 The print facility remains the property of the UG at all times. The Consumer is not permitted to copy the Connection, updates or any part thereof (except to the extent that this is expressly permitted by this licence and the Usage Rules) or to disassemble or change these, or to attempt to obtain the source code of these or any derived works. Any attempt to do so constitutes a breach of the rights of the UG and its licensor, for which the Consumer indemnifies the UG. The Consumer may not make the Connection available to others (e.g. by rent, lease, loan, sale or transfer), or redistribute or sublicense the Connection. 9.3 The Consumer must take due care to protect the Access Code against loss, improper or unauthorised use, theft and damage. The Consumer is forbidden to make the Access Code available to others. In order to prevent unauthorised use, the UG advises the Consumer to keep the Access Code secret, to keep it in a separate place, and to use it carefully. 9.4 If the Access Code is lost due to improper use, or if the Consumer suspects improper or unauthorised use of the Connection or Access Code, the Consumer should immediately generate a new Access Code via the MyPrint website. When a new or additional Access Code is generated, the previous Access Code will expire with immediate effect. The remaining Pay-as-you-go credit will be assigned to the new Access Code. 9.5 Any and all costs and damage resulting from authorised or unauthorised use of the Connection or the Services will be for the account and risk of the Consumer. 9.6 In the case of unauthorised use of the Connection or Service, the UG is entitled to block the use of the Connection or Service, giving notice thereof to the Consumer. 9.7 If the Service is linked to the 'Identity Management System' based on the UG's LDAP (Lightweight Directory Access Protocol), the Consumer receives the UG username and password from the UG. In this case, the Consumer cannot change his or her password, and must comply with the guidelines and set up of the Identity Management System based on the LDAP of the UG as established by the UG. This also applies if changes are required to the Service. Artikel 10- Deactivation of the Connection 10.1 The UG may suspend its obligations pursuant to this Agreement (including temporary or whole or partial blocking of the Connection or the provision of one or more Services) if: a. a request has been made by or on behalf of the Consumer under Article 9.4 and UG does not have any reason to refuse the request on grounds known to it b. The Consumer does not meet an obligation under the Agreement (including these General Terms and Conditions), or any other Agreement with the UG. Artikel 11 - Personal Data 11.1 The UG processes Personal Data for the following purposes: invoicing, management of accounts receivable, complaints handling and the settlement of disputes, network and volume management, providing information to the Consumer about their use of the Service, providing information to emergency services, and for the prevention, detection and combating of fraud and other irregularities. Personal Data is

5 5 also processed for purposes of market research and sales activities with respect to the Service and other activities of the UG and/or third party services involved in the Service The Consumer has the right of inspection, correction and objection with regard to Personal Data relating to him or her. The UG may charge costs up to the legal maximum amount for inspection or correction of Personal Data or of processing an objection The Consumer can address any complaints regarding the processing of Personal Data and requests regarding inspection, correction or objection to the head of the department of General Administrative and Legal Affairs (ABJZ). Artikel 12 - Obligations of Consumer 12.1 The Consumer is responsible for normal use of the Connection(s) and the Access Code and for use of the Service provided by the UG as reasonably meant and intended by the UG and in accordance with any instructions from the UG regarding the intended use. The Consumer is liable for any and all damage resulting from careless or wrongful use of the Service and/or Access Code In the event of improper use, the UG is entitled to terminate the Agreement with immediate effect, without any obligation to pay any compensation or damages to the Consumer The Consumer is not allowed to transfer his or her rights and/or obligations under this Agreement to a third party without written permission from the UG. Artikel 13 - Force majeure 13.1 In the event of force majeure (a non-attributable shortcoming), fulfilment of the UG s obligations under the Agreement will be suspended wholly or in part for the duration of the force majeure without the UG being obliged to pay any compensation In the event of force majeure, the UG will make an effort to continue the Service on a temporary basis. If the situation of force majeure has not been resolved after 30 days and the UG was not able to continue the Service on a temporary basis, the Consumer is entitled to partially terminate this Agreement with immediate effect extra-judicially (with regard to the part that cannot be performed) by means of a registered letter or electronically by to the head of General Administrative and Legal Affairs (ABJZ), without any right to compensation or damages arising therefrom. Artikel 14 - Liability of the UG 14.1 If the UG fails to meet one or more of its obligations under this Agreement, and force majeure as referred to in Article 13 does not apply, the Consumer will give the UG notice of default and grant the UG a reasonable remedy period In the case of an attributable failure regarding compliance with this Agreement, the UG is accountable towards the Consumer for any damage insofar as determined by law, provided that the accountability of the UG is limited, per incident, to a maximum of twice (2x) the average of the Pay-as-you-go credit over the preceding 12 months, and per year to a maximum of four times (4x) the average of the Pay-as-yougo credit over the preceding 12 months, insofar as the Pay-as-you-go credit concerned has been paid for by the Consumer Notwithstanding Article 14.2, the UG is explicitly not liable for damage resulting from or in connection with - delays or the failure to properly transmit Orders or messages from the Consumer to the UG as a result of internet use or use of any other digital means of communication between the UG and the Consumer, or

6 6 - the unavailability (for example, but not limited to, lack of paper or toner) of the Equipment or the Service, the cause of which lies within the control of the UG If the UG is required to pay damages to the Consumer, a threshold amount applies of EUR 10, on the understanding that the threshold amount will also be paid if the cost is higher. Artikel 15 - Copyright Indemnity 15.1 The Consumer indemnifies the UG against claims from third parties for compensation of damage, insofar as such claims relate to the provision of the Service under this Agreement or the use of this Service by the Consumer The Consumer is aware that, following the provisions of the Copyright Act 1912 that was in force when entering into this Agreement, publication or reproduction of works of literature, science or art is only permitted insofar as the copyright or other rights of third parties are not infringed. The Consumer will make sure use of the Service is permitted in this context The Consumer indemnifies the UG against any and all copyright claims insofar as work processed while using the Service is concerned, and will cooperate in the case of any copyright audits. Artikel 16 - Complaints 16.1 Complaints about the implementation of the Agreement must sent with a full and clear description to facilitairbedrijf@rug.nl without delay after the Consumer has discovered that the Service has been implemented in an unsatisfactory manner Complaints about amounts charged must be submitted to the UG by within 14 days of the date of debit to facilitairbedrijf@rug.nl. The UG will not be entitled to claim that the specified period has been exceeded if the objections could not reasonably have been known within this period. Filing a complaint will not have the effect of suspending the obligation to pay for the Service provided The UG is permitted to debit administrative investigation costs for objections if the Consumer has repeatedly filed unjustified complaints against debit entries The UG will respond to the complaint in a suitable and timely manner. If the UG is not able to respond within 30 days, the UG will notify the Consumer of the period within which the complaint will be answered. Artikel 17 - Settlement of Disputes 17.1 Disputes between the UG and the Consumer about the conclusion or implementation of this Agreement can be submitted to the Disputes Committee by both the UG and the Consumer. Information about submitting a dispute can be found at A dispute will only be heard by the Disputes Committee if the Consumer has first filed a complaint with the UG After the complaint has been submitted to the UG, the dispute must be submitted to the Disputes Committee within three months after the dispute has arisen If the Consumer submits a dispute to the Disputes Committee, the UG is bound by this choice. If the UG wishes to submit a dispute to the Disputes Committee, the UG must notify the Consumer of this, requesting the Consumer to notify the UG within five weeks whether he or she agrees to this. When the above period has expired, the UG is at liberty to submit the dispute to the court The Disputes Committee will give a decision with due consideration for the stipulations of the regulations that apply to it. The decisions by the Disputes Committee are binding by virtue of these regulations. The regulations will be forwarded upon request. A fee will be charged for handling the dispute.

7 Only the competent court under Dutch law or the aforementioned Disputes Committee is competent to hear disputes This agreement is governed by Dutch law.