Terms and Conditions

4.1 Insofar as the Services consist of the delivery of (standard) booking modules which can be integrated on the website of Customer, these are delivered as soon as Customer gains access to the relevant module through the Platform. After delivery of the booking module by PackXGen, Customer is responsible for its implementation. Reasonable support in case of questions about the implementation takes place under the conditions included in Article 9. If (i), in the opinion of PackXGen, the implementation support requested by Customer extends beyond simple user questions, or (ii) Customer explicitly requests PackXGen to provide implementation work, such implementation work will, after written approval of Customer, be charged at PackXGen's then current hourly rates.

5.1 If PackXGen has performed work or other services that fall outside the content or scope of the agreed work and/or services at the request or with the prior consent of Customer, this work or these services will be paid for by Customer in accordance with PackXGen's usual rates. PackXGen is never obliged to comply with such a request and may require that a separate written agreement be concluded for this purpose.

5.2 Customer accepts that work or services as referred to in this article may affect the agreed or expected time of completion of the services and the mutual responsibilities of Customer and PackXGen. The fact that (the demand for) additional work occurs during the execution of the Agreement shall never be a ground for Customer to terminate or dissolve the Agreement.

5.3 Insofar as a fixed price has been agreed for the services, PackXGen will inform Customer in writing in advance about the financial consequences of the additional work or services as referred to in this article.

6.1 Customer shall provide all cooperation required for the proper performance of the Agreement by PackXGen, including by timely providing all useful and necessary data and/or information requested by PackXGen and by informing PackXGen of all facts and circumstances that may be relevant to the proper performance of the Agreement.

6.2 If Customer uses data, content and/or materials in the context of the Service, Customer guarantees that these data, content and/or materials are legally permissible and do not infringe any rights of third parties. PackXGen is not obliged to investigate whether data, content and/or materials infringe any rights of third parties.

6.3 Customer shall refrain from any use of the Service that is unlawful or harmful to PackXGen, its suppliers, its other customers or third parties. In particular, Customer shall:

a) not attempt to gain unauthorized access to the Service, computer systems or networks connected to the Service; b) not interfere with the Service or servers and networks connected to the Service; c) comply with all applicable laws and regulations; d) not infringe any intellectual property rights of third parties; e) not distribute viruses, malware or other harmful computer code; f) not engage in activities that could harm the reputation of PackXGen.

7.1 If the Service extends to making websites and/or other applications available via the Internet (hereinafter 'Hosting'), the provisions of this Article 7 shall apply.

7.2 PackXGen may set a limit to the amount of data traffic and storage which Customer may or actually can use through the Service. If the Parties have not agreed on this, a limit based on fair use will apply.

7.3 If Customer exceeds the applicable limits, PackXGen is entitled to charge an additional fee in accordance with the amounts stated in the Agreement for the excess use. If no amounts have been agreed upon, PackXGen's standard rates shall apply.

7.4 Customer accepts that the performance of the Service may be negatively affected if Customer or other customers of PackXGen exceed the applicable limits.

8.1 If the Service includes PackXGen mediating for Customer in obtaining a domain name and/or IP address, the provisions in this Article 8 shall apply.

8.2 Application for, allocation of and possible use of a domain name and/or IP address depend on and are subject to the applicable rules and procedures of the relevant registering authorities, such as the Foundation for Internet Domain Registration in the Netherlands. The relevant authority decides on the allocation. PackXGen only plays a mediating role in the application and gives no guarantee that an application will be honored.

8.3 Customer can only learn of the registration of a domain name and/or IP address from the confirmation of registration issued by PackXGen, stating that the requested domain name has been registered. An invoice for registration costs is not a confirmation of registration.

8.4 PackXGen is not liable for the loss by Customer of its right(s) to a domain name and/or IP address or for the fact that the domain name and/or IP address is requested and/or obtained by a third party in the interim, except in case of intent or deliberate recklessness of PackXGen.

8.5 If PackXGen registers a domain name in its name on behalf of Customer, PackXGen will cooperate with requests from Customer to move, transfer or delete this domain name.

9.1 PackXGen provides comprehensive documentation related to the Platform for troubleshooting and general usage support, including a 'frequently asked questions' section. This documentation is available through the Website.

9.2 PackXGen will provide a reasonable level of support to Customer regarding questions about the Platform. The support is offered through a Helpdesk which is available during business hours both by phone and email. See also the support page on the Website. PackXGen assumes that Customer first consults the documentation before contacting the Helpdesk. PackXGen can refer Customer back to the documentation if his question or request can be solved with the help thereof.

9.3 PackXGen strives to handle Helpdesk requests within a reasonable period of time. Depending on the nature of the request, the time required for responding to notifications and resolving notifications may vary.

10.1 Data that Customer stores or processes via the Platform is and remains the property of Customer. The control over the Data is therefore at all times vested in the Customer. PackXGen has a limited right to use the Data for the provision of the Services, including future aspects thereof.

10.2 If Customer sends information to PackXGen, for example feedback about an error or a suggestion for improvement, Customer grants PackXGen an unlimited and perpetual right to use this information for the Platform. The foregoing does not apply to information which Customer expressly marks as confidential.

10.3 The customer is solely responsible for the provision of Data to the Platform. PackXGen is not liable for any inaccuracies after loading or when synchronizing the Data, unless there is intent or deliberate recklessness on the side of PackXGen.

11.1 Customer may only use the Platform in and for the benefit of its own business in accordance with the Agreement. Customer is not permitted to make the Platform available to third parties.

11.2 Customer is fully responsible for the acts and omissions of its own Users in their use of the Service. Customer indemnifies PackXGen for claims of its Users in connection with all damages and costs arising from and/or related to its Users' use of the Service.

11.3 Customer warrants that the Platform will not be used for activities in violation of any applicable laws or regulations. In addition, it is expressly prohibited (whether lawful or not) to offer, store or distribute through the Platform any materials that:

11.4 Customer determines what Data is stored using the Platform and is fully responsible for how Customer and its Users use the Platform. PackXGen has no knowledge of such Data or particular insight in Customer's use of the Platform. Customer is responsible for ensuring that the Data and the use of the Platform is lawful and does not infringe any rights of third parties.

11.5 Customer shall always promptly notify PackXGen electronically of any change in name, email addresses and other data which are important for the performance of the Service by PackXGen. The aforementioned change in data can be made through the Platform.

12.1 If PackXGen finds that Customer violated the Agreement or the applicable law, or receives a complaint regarding such, PackXGen will inform and warn Customer thereof. If this does not lead to an acceptable solution, PackXGen may itself intervene to end the violation. If necessary, PackXGen is entitled to temporarily block or limit the access by Customer to the Platform and/or to block and/or remove (or have removed) access to certain Data. In urgent or serious cases, PackXGen may intervene without warning.

12.2 If, in PackXGen's opinion, any nuisance, damage or other danger arises to the functioning of the Platform, in particular due to excessive sending of data, activities of viruses, Trojans and similar software, PackXGen has the right to take all measures which PackXGen reasonably considers necessary to avert or prevent this danger.

12.3 PackXGen has at all times the right to report detected criminal acts. Furthermore, PackXGen has the right to hand over the name, address, IP address and other identifying data of Customer to a third party complaining about an infringement by Customer of its rights, provided that the applicable legal or jurisprudential requirements are met.

12.4 Customer will indemnify and hold PackXGen harmless from any claim, charge or lawsuit of any third party in connection with (the content of) the data traffic or Data posted or distributed by Customer and/or its Users, through (the use of) the Platform.

13.1 PackXGen will, in case of a valid termination of the Agreement, and in accordance with the Agreement, at the request of Customer, the request of which must have been submitted before or at the time of the termination, use its best efforts to provide cooperation in order to enable transfer of Data to another service provider. The foregoing is at all times limited to the possibilities as offered by PackXGen and applies only if Customer has fulfilled all its obligations under the Agreement.

13.2 For the cooperation referred to in the previous paragraph, PackXGen will apply its then current hourly rate for Customer. All costs of the transfer to another service provider shall be borne by Customer.

14.1 All Intellectual Property Rights to the Platform and all materials developed by PackXGen under the Agreement rest exclusively with PackXGen or its licensors. Nothing in the Agreement is intended to transfer any rights to Customer.

14.2 Customer only acquires the rights of use and powers that arise from the scope of the Agreement or that are granted in writing and otherwise will not reproduce or copy the Platform or other materials of PackXGen.

14.3 Customer is not permitted to remove or modify any designation concerning copyrights, trademarks, trade names or other intellectual property rights from the Platform, including designations concerning the confidential nature and secrecy of the Platform.

14.4 PackXGen has the right to use technical measures to protect the Platform. If PackXGen has secured the Platform by means of technical protection, Customer is not allowed to remove or bypass this security.

15.1 For the use of the Platform, Customer must pay the fees as specified in the Agreement. All prices are in euros and exclusive of VAT and other government levies.

15.2 PackXGen is entitled to adjust the applicable prices and rates annually on the basis of the Consumer Price Index (CPI) of Statistics Netherlands. In addition, PackXGen has the right to adjust its prices and rates in the interim with due observance of a term of at least two (2) months.

15.3 If Customer does not agree with a price adjustment announced by PackXGen, Customer has the right, until the date on which the price adjustment takes effect, to terminate the Agreement in writing with effect from the date on which the adjustment would take effect.

15.4 Customer agrees to electronic invoicing by PackXGen.

15.5 Unless agreed otherwise, PackXGen will collect amounts owed monthly in advance by means of automatic collection for which Customer has given authorization. If collection proves impossible, Customer will be informed thereof and PackXGen has the right to charge administration costs.

15.6 If Customer believes that (part of) an invoice is incorrect, Customer must report this to PackXGen within fourteen (14) days after the invoice date. The payment obligation of the disputed (but not the undisputed) part is suspended until PackXGen has investigated the complaint. If after investigation by PackXGen it appears that the complaint was unjustified, Customer must still pay the disputed amount within seven days.

16.1 The Agreement is entered into for the term specified in the Agreement. If no term is specified, the Agreement is entered into for a term of one (1) year. Unless one of the Parties terminates the Agreement in writing with due observance of a notice period of one (1) month before the end of the aforementioned period, the Agreement will be tacitly renewed for the same period.

16.2 PackXGen has the right to terminate the Agreement with immediate effect, without any notice of default being required, if: a) Customer has been declared bankrupt; b) Customer has been granted a suspension of payments; c) the company of Customer is dissolved or liquidated; d) Customer fails to comply with one or more of its obligations under the Agreement.

16.3 After termination of the Agreement, regardless of the reason for termination, PackXGen will immediately block Customer's access to the Platform and delete or destroy all Data, unless and insofar as any statutory provision opposes this. PackXGen is not obliged to convert Data to a different format upon termination.

16.4 The termination of the Agreement, for whatever reason, shall not affect the provisions which by their nature are intended to survive termination.

17.1 The liability of PackXGen for direct damage suffered by Customer as a result of an attributable failure by PackXGen to fulfill its obligations under the Agreement, or on any legal ground whatsoever, is limited per event (whereby a series of consecutive events counts as one event) to the amount paid by Customer to PackXGen in the three (3) months prior to the event causing the damage.

17.2 PackXGen's liability for indirect damage, including but not limited to consequential damage, loss of profit, lost savings, reduced goodwill, damage due to business interruption, damage resulting from claims by Customer's customers, damage related to the use of third-party goods, materials or software prescribed by Customer, and damage related to the engagement of suppliers prescribed by Customer, is excluded.

17.3 The limitations of liability mentioned in the preceding paragraphs of this article shall not apply if and insofar as the damage is the result of intentional misconduct or gross negligence on the part of PackXGen.

17.4 Any claim for damages against PackXGen shall expire by the mere lapse of twelve (12) months after the claim arises.

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18.1 Neither party is obliged to fulfill any obligation if prevented from doing so as a result of force majeure. Force majeure includes, but is not limited to: military actions, government actions, strikes or work stoppages, riots, war, terrorist actions, epidemics, power outages, internet failures, network failures, denial-of-service or other network attacks, fire, explosion, accidents, floods and any other circumstances beyond PackXGen's reasonable control.

18.2 If a force majeure situation lasts longer than sixty (60) days, each party shall have the right to terminate the Agreement in writing. In such case, all that has been performed under the Agreement shall be settled proportionally, without the parties owing each other anything else.

19.1 Each party shall ensure that all information received from the other party that is known or should reasonably be known to be confidential in nature is kept strictly confidential. The party receiving confidential information shall only use it for the purpose for which it was provided.

19.2 Information shall in any case be considered confidential if it is designated as such by either party or if this follows from the nature of the information. The content of the Agreement is also considered confidential.

19.3 The confidentiality obligations shall not apply if and insofar as there is a legal obligation to make the information available to third parties.

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20.1 Customer is not entitled to transfer its rights and obligations under the Agreement to third parties without the prior written consent of PackXGen.

20.2 PackXGen is entitled to transfer its rights and obligations under the Agreement to third parties that take over the Platform or the business activities of PackXGen.

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21.1 The Agreement and all legal relationships arising from or in connection with it are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

21.2 All disputes that may arise between PackXGen and Customer shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

22.1 The version of any communication, records and measurements recorded or maintained by PackXGen shall be considered authentic, unless Customer provides proof to the contrary.

22.2 If any provision of the Agreement is found to be invalid, this shall not affect the validity of the entire Agreement. In such case, the parties shall determine a new provision to replace the invalid provision, whereby the purpose and meaning of the invalid provision shall be taken into account as much as possible.

22.3 The headings above the articles of these Terms and Conditions are for reference only and do not affect the interpretation of the provisions.

23.1 PackXGen is registered with the Chamber of Commerce under number 84912456. For questions about these Terms and Conditions, please contact us via support@packxgen.com.

23.2 These Terms and Conditions have been filed with the Chamber of Commerce and are available on the PackXGen website. The version of the Terms and Conditions as filed at the time of conclusion of the Agreement shall always apply.

23.3 PackXGen is entitled to amend these Terms and Conditions. Amendments also apply to Agreements already concluded with due observance of a term of 30 days after publication of the amendment on the PackXGen website or by electronic communication.

23.4 Changes with minor impact and changes due to new legislation may be implemented at any time.

23.5 If Customer does not wish to accept an amendment to these Terms and Conditions, it can terminate the Agreement until the date on which the new terms and conditions take effect.