The Booking Authority

General terms and conditions

Table of contents

Article 1. Definitions

Article 2. Identity of DizTech

Article 3. Introduction

Article 4. Usage

Article 5. Payment and Invoicing

Article 6. Management

Article 7. Termination

Article 8. Intellectual Property Rights

Article 9. Liability

Article 10. Complaints

Article 11. Force majeure

Article 12. Modification of terms and conditions of use

Article 13. Other stipulations

 

Article 1. Definitions

In these Terms of Use, the following definitions shall apply:

User: the legal entity making use of the Tool by placing it on its website and offering its Clients the possibility to schedule Appointments;

Terms of Use: these terms of use;

DizTech: defined in Article 2 of the Terms of Use

Tool: the online tool with which consumers can schedule and pay for Appointments with companies 

Parties: the User and DizTech together;

Client: the natural or legal person who schedules an appointment with the User via the Tool;

Services: the provision by DizTech of the Tool to the User

Third Parties: natural or legal persons who are not part of the Agreement;

Appointments: an appointment scheduled with the User by a Client using the Tool;

Agreement: any agreement between the Parties concerning the provision of Services by DizTech to the User;

Fee: the amount per scheduled Appointment that the User owes DizTech. This may be a fixed amount per appointment and/or a percentage of the payment owed by the Client to the User for the appointment.

 

Article 2. Identity of DizTech

Company name: DizTech

Street name and number: Vleutenseweg 386

Postal code and place of business: 3532 HW Utrecht

Chamber of Commerce number: 77894669

 

Article 3. Introduction

DizTech provides a Tool whereby Clients can make appointments online 24 hours a day, seven days a week with companies that have entered into an Agreement with DizTech for the provision of the Services.

The Terms of Use apply to the use of the Services provided and to the Agreement. 

DizTech cannot guarantee that the work it performs will always achieve the result desired by the User. The accepted order leads to an obligation to perform to the best of one's ability and not to an obligation to achieve a certain result.

DizTech is entitled to engage third parties for the execution of the Agreement. 

 

Article 4. Use

The User shall take sufficient measures to prevent misuse or use by Third Parties of his/her account.

The User shall act and behave in accordance with what may be expected from responsible and careful use of the Services.

The User is always responsible for any use - including unauthorized use - that is made of the rights of use and access granted to him/her and will act and behave in accordance with what may be expected from a responsible and careful Internet user.

User shall use the Tool in accordance with applicable laws and regulations. 

The User shall not upload, post, or transmit any material intended to interrupt, disable or limit the functionality of the Tool. 

The User shall at all times comply with the instructions provided by DizTech for the use of the Services.

The User shall keep his/her login data strictly confidential. The User is not permitted to provide the login details to Third Parties. 

The User shall only be granted non-exclusive and non-transferable usage rights. 

DizTech is not responsible for the accuracy and completeness of the scheduling of Appointments made using the Tool. 

 

Article 5. Payment and Invoicing

The User shall pay DizTech the agreed Fee for each Appointment made.

When scheduling Appointments through the Tool, the Customer may pay DizTech the costs of the Appointment with the User immediately.

DizTech shall pay the amounts received from the Customer to the User at the end of each month. The amounts payable by the User for Services supplied shall be deducted from this. DizTech shall send an invoice for this monthly.

If appointments are canceled, the payment made by the Client when scheduling the appointment, less any cancellation charges, will be refunded to the Client within 30 (thirty) days of cancellation. 

The User is required to immediately report any inaccuracies in payment data supplied or stated to DizTech.

In the event of (a reasonable prospect of) bankruptcy, liquidation, or suspension of payments or a debt rescheduling under the WSNP, DizTech's claims against the User and the obligations of the Customer vis-à-vis DizTech are immediately due and payable.

Payments made or settlements effected by the User shall first be applied to settle all interest and costs due and secondly to settle invoices that have been outstanding the longest, even if the User indicates that the settlement relates to a later invoice.

 

Article 6. Management

DizTech is at all times entitled to make changes to the technical facilities relating to the Services.

DizTech is entitled to change the non-technical facilities with respect to its Services. The User cannot claim any compensation or damages but is entitled to cancel the Agreement with effect from the date of the announced change.

DizTech reserves the right to discontinue/remove technical Services if these cause a malfunction or delay in the system. DizTech shall assess whether there has been such a malfunction and/or delay and may without prior notice to the User block the technical Services or take any other measures to eliminate the malfunction and/or delay.

DizTech is entitled to (temporarily) cease using its Services or restrict their use without prior notice, insofar as this is necessary for the maintenance or adjustments or improvements to the Services to be carried out by DizTech within reason, without the User thereby incurring any right to compensation or damages vis-à-vis DizTech.

 

Article 7. Termination

DizTech is entitled to terminate the use of the Tool at any time. Upon termination, the rights and licenses granted to the User in the Terms and Conditions of Use shall terminate. Upon termination, a final financial settlement shall be made. 

User may terminate the use of the Tool by deleting the Tool from his/her account. A final financial settlement shall take place in which the User shall owe DizTech a fee for the Agreements already made. 

 

Article 8. Intellectual Property Rights 

All intellectual property rights relating to and/or resulting from the Services provided by DizTech are vested in DizTech. The User is only granted the non-exclusive rights of use expressly provided for in these Terms and Conditions and the law. Any other or further rights of the User are excluded.

Documents supplied to the User by DizTech are exclusively intended for use by the User. The User is not permitted to disclose and/or reproduce any of the information obtained in any form whatsoever. This includes editing, selling, making available, distributing, and integrating into networks - whether or not after editing - unless such publication and/or reproduction has been authorized in writing by DizTech and/or such publication and/or reproduction arises from the nature of the Agreement with DizTech.

DizTech reserves the right to use the knowledge acquired in the course of executing the work for other purposes, to the extent that no confidential information of the User is disclosed to third parties in the process.

Unless otherwise agreed, the User is not authorized to grant sub-licenses to Third Parties.

DizTech is entitled to use the User's name and logo as a reference or promotion. 

The User shall indemnify DizTech against any claims by Third Parties concerning intellectual property rights.

If the User acts in breach of this Article, the User shall be liable to pay an immediately payable penalty of a maximum of €5,000, without prejudice to DizTech's right to claim compensation.

 

Article 9. Liability

DizTech is not liable for indirect and direct damage. Not excluded is DizTech's liability for damage resulting from intent or deliberate recklessness of DizTech.

If DizTech is nevertheless liable for direct loss, DizTech's total liability shall be limited to compensation of loss up to a maximum of the amount of the fee stipulated for that Agreement (excluding VAT). 

The amount of the compensation shall never exceed the amount paid out by the liability insurance. 

If the Agreement is a continuing performance contract with a term of more than six months, the fee stipulated for that Contract shall be set at the total of the fees (exclusive of VAT) for the past six months.

Direct damage is understood to mean

Reasonable costs which the User would have to incur to cause the performance of DizTech to comply with the Agreement; however, this alternative damage will not be reimbursed if the Agreement is canceled by or at the suit of the User;

Reasonable costs incurred by the User in order to keep his old system(s) and associated facilities operational for longer because DizTech did not deliver on a final delivery date which was binding on him, minus any savings resulting from the delayed delivery;

Reasonable costs incurred in determining the cause and extent of the damage insofar as the determination relates to damage within the meaning of these conditions;

Reasonable costs incurred to prevent or limit damage in so far as the User can show that these costs have resulted in limiting damage within the meaning of these terms and conditions.

The User indemnifies DizTech against any claims from Third Parties who suffer damage in connection with the execution of the Agreement.

A condition for the existence of any right to compensation is always that the User reports the damage to DizTech in writing as soon as possible after it has occurred. Any claim for compensation against DizTech lapses by the mere lapse of 12 (twelve) months after the claim has arisen.

DizTech is not liable for damage caused by auxiliaries within the meaning of Section 6:76 of the Dutch Civil Code. 

DizTech is not liable for damage of any kind whatsoever caused by the fact that DizTech has relied on incorrect and/or incomplete data supplied by the User.

 

Article 10. Complaints

The User may no longer invoke a defect in the performance if he has not submitted a complaint to DizTech within two (2) months of discovering the defect or if he should reasonably have discovered the defect. If there is a visible defect on delivery, a deadline of 48 (forty-eight) hours applies.

The User should in any case give DizTech four (4) weeks to resolve the complaint in mutual consultation. 

If a complaint has not been reported to DizTech within the periods specified in the preceding paragraphs, the product shall be deemed to comply with the Agreement and to function in accordance with the Agreement. 

Complaints do not suspend the User's payment obligation. 

 

Article 11. Force Majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a default by DizTech in the fulfillment of any obligation vis-à-vis the User cannot be attributed to DizTech in the event of a circumstance beyond the control of DizTech as a result of which the fulfillment of its obligations vis-à-vis the User is completely or partially impeded or as a result of which DizTech cannot reasonably be expected to fulfill its obligations. Those circumstances also include defaults by suppliers or other Third Parties, power failures, computer viruses, extreme weather conditions, fire or danger of fire, the threat of war, pandemics, epidemics, quarantines, sickness absence, incapacity for work, strikes, government measures and the breakdown of bicycles and equipment used to transport or mount the products. 

 

If a situation as referred to in paragraph 1 of this article arises as a result of which DizTech cannot comply with its obligations vis-à-vis the User, those obligations shall be suspended for as long as DizTech cannot comply with its obligations. If the situation referred to in the previous sentence has lasted for 30 (thirty) calendar days, both Parties are entitled to rescind the Agreement in writing in full or in part. In that case, DizTech is not required to pay compensation for any loss, even if DizTech benefits from any advantage as a result of the force majeure situation.

 

Article 12. Amendment of terms of use

DizTech is entitled to amend or supplement the Terms of Use unilaterally. In that case, DizTech shall notify the User of the amendments or additions in good time. 

There shall be a minimum period of 30 (thirty) days between such notification and the entry into force of the amended or supplemented terms and conditions. 

 

Article 13. Other provisions

The agreement between DizTech and the User to which these Terms of Use relate is governed exclusively by Dutch law.

The Parties are obliged to keep confidential all confidential information obtained by them in connection with the Agreement. Information is confidential if this has been communicated by the Party or if this reasonably follows from the nature of the information. 

The rights of a Party under the Agreement cannot be transferred without the prior written consent of the other Party. This provision is considered to be a clause with effect under property law as referred to in Article 3:83 (2) of the Dutch Civil Code.

Disputes between the Parties shall, as far as possible, be resolved by means of proper consultation. Any disputes between the User and DizTech will be exclusively settled by the competent court in the district in which DizTech has its registered office. 

If any provision of these Terms of Use or an Agreement appears to be invalid or is annulled, this shall not affect the validity of the entire Terms of Use or Agreement. The parties shall consult with a view to agreeing on a new provision to replace the annulled or nullified provision, taking into account as far as possible the purpose and the meaning of the annulled or nullified provision.