UPDATED ON: 21 February 2022
Introduction
These Terms of Service (“Terms”) together with our privacy policy (“Privacy Policy”), the specific terms of the subscription plan of your choice (“Subscription Plan”) and a service level agreement (“SLA”), if applicable, govern the relationship and form an integral part of the agreement between you or the entity you represent (“you” or “your”) and The Office Manager B.V. ( “TOM”), doing business as The Office Manager, a private limited liability company organized under the laws of the Netherlands, in connection with your use of certain software TOM has developed and is constantly developing and the services TOM offers in connection therewith (“Agreement”).
Acceptance of the Terms
You must be of legal age in order to accept the Terms and enter into the Agreement. If you do not agree to the Terms, you are not allowed to use any of our services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms. Your acceptance means that you are automatically bound by the terms and provision of the Agreement, including but not limited to these Terms.
Description of Service
We provide an array of software services for online collaboration and management (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
License
TOM is and will remain the exclusive owner of the software incorporated in the Services including updates thereto that are made available to you from time to time (“Software”) and all rights pertaining to the Software. Upon acceptance of the Terms you are granted a non-exclusive, non-sub-licensable right to use the Software (“License”) in accordance with and for the durations of the Agreement. The License also applies to any updates to the Software that TOM will make available from time to time. The License is not transferable and does not include the disclosure to you of source codes, techniques and/or processes incorporated in the Software or the right to copy any part of the Software, without TOM’s explicit prior permission thereto.
Modification of Terms of Service
We may modify the Terms from time to time and will notify you thereof through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing TOM notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with your use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
Organization Accounts and Administrators
When you sign up for an account for your organization (“Organization Account”) you may specify one or more administrators for the Organization Account (“Administrator” or “Administrators”). The Administrator will have the right to configure the Services based on your requirements and manage end users in your Organization Account. If your Organization Account is created and configured on your behalf by a third party, we are assuming that such third party is the Administrator. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an Administrator.
You are responsible for i) ensuring confidentiality of your Organization Account password, username and other sensitive information, ii) appointing competent individuals as Administrators, and iii) ensuring that all activities that occur in connection with your Organization Account comply with this Agreement. You understand that TOM is not responsible for account administration and internal management of the Services for you. You are responsible for taking the necessary steps to ensure that your organization does not lose control of the Organization Account. You agree to inform us immediately of any unauthorized use of your Organization Account by email to info@theofficemanager.nu.
We are not responsible for any activity in your Organization Account, nor for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Organization Account, or otherwise.
Fees and Payments
The Services are available in Subscription Plans of various durations. Payments for Subscription Plans of duration of less than a year can be made by Bank Transfer or by Automatic Debit. Your Subscription Plan will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the Subscription Plan. At the time of automatic renewal, you will receive an invoice for the new period. If you do not wish to renew the Subscription Plan, you must inform us at least seven days prior to the renewal date. If you have not informed us that you do not wish to renew the Subscription Plan, you will be presumed to have authorized TOM to charge the subscription fee for the renewal. We do not offer refunds. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid Subscription Plan.
Restrictions on Use
In addition to all other terms and conditions of the Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission of TOM ; (iii) use the third party links to sites without agreeing to their website terms and conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of TOM; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant TOM the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for TOM’s commercial, marketing or any similar purpose. But you grant TOM permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
Personal Data and Privacy
TOM will collect personal data, including but not limited to name and email address details (“Personal Data”), in order to provide and optimize the Services under the Agreement. We respect the confidentiality of your Personal Data and the Personal Data you provide in the Organization Account and/or otherwise by using our Services. You are responsible for the collection and use of third parties’ Personal Data you provide to TOM or of Personal Data which are provided by third parties through you and you warrant that TOM is authorized to process and use such Personal Data. You warrant that any and all Personal Data provided to TOM are correct. For more information on our collection and use of personal information, please read our Privacy Policy.
Communications from TOM
The Services may include certain communications from TOM, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also offer the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Sample files and Applications
TOM may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. TOM makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Intellectual Property Rights
You are aware that TOM is and will remain the exclusive owner of any and all intellectual property rights to the Services, the Software, including but not limited to copyrights to the Software and rights to trademarks, trade names and know-how, unless explicitly agreed between the parties in writing You agree not to display or use, in any manner, TOM’s trademarks, logos and/or trade names without TOM’s explicit prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TOM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT TOM SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TOM’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless TOM, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any term under the Agreement, or any other claim related to your use of the Services, except where such use is explicitly authorized by TOM.
Suspension and Termination
We may suspend your Organization Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of Organization Accounts should be made to info@theofficemanager.nu within thirty days of being notified about the suspension by TOM.
We have the right to terminate the Organization Account, which automatically means the termination of the Agreement if one of the following events occurs: (i) thirty days have passed since the notification of the suspended or disabled Organization Account and TOM determines in its sole discretion that the ground for the suspension or disablement remains valid; (ii) you are in breach of any provision under the Agreement; (iii) you are misusing the Services and/or your use of the Services is a threat to TOM’s security and/or the security of third parties; (iv) you become the subject of an involuntary or voluntary bankruptcy or similar proceedings or assign all or substantially all of your assets for the benefit of creditors. We will also terminate your Organization Account on your request. Suspension and termination of the Organization Account will include denial of access to all Services. Termination of the Organization Account includes deletion of information in your Organization Account, including but not limited to email addresses and passwords.
You will not be refunded subscription fees for the suspended period and/or for the remaining subscription period in the event of termination.
Applicable law and Jurisdiction
This Agreement and any dispute arising in connection herewith shall be governed by and construed in accordance with the laws of the Netherlands. The Parties shall endeavor to solve any disputes arising in connection with the Agreement and the execution thereof out of court. In the event of any dissatisfaction or potential dispute, please send your complaint to info@theofficemanager.nu. Should the Parties not be able to settle their dispute amicably, the dispute shall be brought before the competent court in the Netherlands.
Contact
If you have any questions or concerns regarding the Terms and/or the Agreement, please contact us at info@theofficemanager.nu.