By using a Systemmatic product, the user accepts the following terms and conditions.
Service provider: SYSTEMMATIC BV having its office in Haarlem, the Netherlands and registered with the Dutch Chamber of Commerce under number 76611760.
User: Any user of Systemmatic products as identified by its account with personal credentials provided by Systemmatic.
Definitions
Unless expressly stated otherwise, these terms are defined as follows:
- Account: an account on the Systemmatic SaaS platforms through which the customer can access and use the service.
- Customer data: all data, business processes and other information, including any personal data the customer has entered, uploaded to, or stored on the platform when using the application, with the exception of the login data.
- Personal data: personal data as defined in Article 4 of the General Data Protection Regulation (GDPR) that are processed by Systemmatic on behalf of, and in accordance with, the instructions of the customer, with the exception of login data of registered users, for which Systemmatic is an independent ‘controller’.
- Response time: the time between the moment the customer makes a request for support and the response is provided by Systemmatic.
- Working day: working days with the exception of national and recognized holidays in the Netherlands (Monday to Friday).
1 Application
Systemmatic products are Software as a Service (SaaS) applications. By logging in, the user accepts these terms and conditions.
2 Cost
The Licence Agreement lists the costs for setting up and using the application. The licensee will be invoiced upfront on a yearly basis to be paid within 30 days.
On a yearly basis, Licensor will be entitled to adjust the cost with a maximum of the official inflation of the nation state of Licensee.
In case no payment is received within 30 days, Licensor will lock the account until a resolution is agreed between Licensor and Licensee.
3 Users
Each user will be assigned their own, individual user account with personal login credentials, comprising a user name and password. Licensees are not permitted to assign more than one person to the same user account. Each account is assigned to one or more roles in the application.
This license permits the number of user accounts as specified in the Licence Agreement. At least one of these users is the ‘Customer Key User’ with administrative permissions. It is the responsibility of the licensee to create new user accounts. Licensor can be requested to deactivate user accounts or delete them.
4 Service level
The Licence Agreement concerns a Service Level Agreement (SLA) and states the level of service that the licensee can expect from the licensor.
The licensor has arranged the following service:
4.1 Provider
The SaaS application runs on the internet. This means that licensee data will be stored on a server in the data centre of the Licensor’s hosting provider.
The Licensor has opted for a hosting provider established in the Netherlands under Dutch laws and regulations, including the protection of privacy and personal data. In its agreement with its hosting provider, the Licensor has made arrangements with respect to service and security.
The Licence Agreement states 1) the level of service in terms of: stability, accessibility, backups, and 2) the level of security: infrastructure, application, and access control.
5 Copyright
All rights of use and publication of the SaaS application are with the Licensor. Nothing from the application is allowed to be used or made available to 3rd parties without the Licensor’s written consent.
6 Guarantee
The Licensee accepts that complex software is never completely free from defects, errors and bugs. The Licensor does not guarantee that the application will be free of defects, errors, bugs or malfunctions at all times.
In the event of a defect, error, bug or malfunction detected by the Licensee, this must be reported via the support button in the application.
The Licensor will process these support requests within the terms specified in the Licence Agreement.
7 Liability
The Licensor declines any customer liability with respect to using the SaaS applications. As licensee you are fully responsible for the use, management and processing of the data.
The Licensor expressly reserves the right to unilaterally end the use of the SaaS application if, in our opinion, the use is inconsistent with applicable law and regulations.
8 Duration and cancellation
The Licence Agreement can be terminated by the Licensee on a monthly basis, at the end of the first next month. Prepaid license cost will not be returned. In the event that the Licensor wants to cancel the agreement, this will be notified in writing at least 3 months in advance.
The Licensee can cancel the Licence Agreement in writing or with a legally signed email, drawn up by the Licensee.
9 Data archiving
It is possible to archive data after cancellation of the licence, so that the Licensee can reactivate it at a later time. The cost for this archiving service is stated in the Licence Agreement.
10 Privacy policy
Systemmatic processes personal data of users of our online services. This data includes first and last name, email address, user activity, and communication with Systemmatic. The purpose of this information is to enable the use of our services, manage customer support and communicate about new features. We do not sell user information to third parties and we only provide this information if this is necessary for the execution of the licence agreement or to comply with a legal obligation.