General terms and conditions of sale and delivery and special conditions for maintenance and support.
• Article 1 - Definitions
• Article 2 - Identity of the Business Owner
• Article 3 - Applicability
• Article 4 - The Offer
• Article 5 - The Contract
• Article 6 - Right to Cancel
• Article 7 - Obligations of the consumer the cooling-off period
• Article 8 - Exercising the right to cancel by the consumer and the relating costs
• Article 9 - Obligations of the business owner in case of cancellation
• Article 10 - Exclusion of the Right to Cancel
• Article 11 - The price
• Article 12 - Fulfilment and Execution
• Article 13 - Continuing Performance Contract: duration, cancellation and extension
• Article 14 - Payment
• Article 15 - Complaints
• Article 16 - Disputes
• Article 17 - Special conditions for maintenance and support
• Article 18 - Definitions
• Article 19 - Support Agreement (additional work)
• Article 20 - (Restrictions) license
• Article 21 - (Professional) Regulations
• Article 22 - Decommissioning
In these Terms and Conditions, the following shall be understood to mean:
1. Contract: a contract whereby the consumer acquires products, digital content and / or services in connection with a distance contract.
2. Cooling-off Period: the period within which the consumer can exercise his right to cancel
3. Consumer: a natural person who is acting for purposes which are outside that person's trade, business, craft, or [...] profession.
4. Day: calendar day.
5. Digital Content: data produced and delivered in digital format.
6. Continuing Performance Contract: a contract which encompasses the regular delivery of goods, services and / or digital content for a certain period of time.
7. Durable Medium: any device including email which enables the consumer or business owner to store information that is addressed to him personally in a way that makes it accessible for future reference or use, for a period adequate for the purpose of the information and which allows the unchanged reproduction of the stored information.
8. Right to cancel: the ability for the consumer to waive the distance contract within the cooling-off period.
9. Business Owner: the natural person or legal entity that offers products, (access to) digital content and/or services to consumers at a distance.
10. Distance Contract: a contract closed between the business owner and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract one or more means of distance communication are solely or partly used
11. Model Form for Cancellation: the European model set out in Appendix I of these conditions for cancellation
12. Technology for remote communication: means that can be used to conclude a contract without the necessity for the consumer and business owner to be simultaneously present at the same location
Name business owner : TresBizz Ltd.
Operating under the name / names :
Business address :
World Trade Center
P.J. Oudweg 4
1314 CH, Almere
Telephone number : + 44 203 608 91 02
Email address : firstname.lastname@example.org
Chamber of Commerce number : 57949301
VAT number : NL852806115B01
Availability : Monday – Friday from 09.00 to 17.00
In case of products:
With services and digital content which are not supplied on a tangible medium:
If the consumer exercises his right to cancel, any supplemental agreements shall be automatically terminated.
The business owner may exclude the following products and services from the right to cancel, but only when the business owner has stated this clearly in the offer, or at least before the conclusion of the contract:
The contracts between the business owner and the consumer that are subject to these general conditions, are governed solely by Dutch law and the jurisdiction is the location of TresBizz, unless otherwise stipulated by mandatory law.
The following general conditions apply to Software Support and Maintenance services provided by TresBizz Ltd.
1. Technical Support. In case the customer has submitted a request for support for installing software and / or removal of malware, and / or computer- related problems, the following conditions apply:
• 1.1: TresBizz Ltd will do its utmost to solve the problem, install software correctly or, if necessary, provide the customer with other solutions.
• 1.2: TresBizz Ltd is not responsible for lost files on the customer’s PC. TresBizz Ltd recommends the customer to make a backup before that customer starts with support.
2. Software Maintenance. If problems occur after installation, customers can contact TresBizz Ltd during office hours from 9:00 to 17:00. These times may vary under special circumstances.
• 3.1: TresBizz Ltd has the right to refuse to offer support if customers do not accept the general conditions.
•3.2 TresBizz BV cannot be held liable for any hardware problems after a support session.
• 3.3: Due to the limited time available for the necessary daily support, it could be possible that TresBizz Ltd cannot complete the support with one session. TresBizz Ltd therefore asks its customers to be flexible concerning a second session.
• 3.4: The customer must allow the TresBizz Ltd support team remote access to his computer via TeamViewer in order for them to provide optimal support regarding software installations or problems. Therefore, the Team Viewer ID and password of the customer is required.
4. Contact. Customers must contact TresBizz Ltd in person when they need support. Customers should respond with their personal e-mail or corporate email in the attached document sent by TresBizz BV, in which they ''agree'' to the general conditions regarding support for installation and solutions for technical issues. Email IDs of third parties are not allowed.
5. Cancellation. If customers do not need support anymore, they can cancel the support of TresBizz Ltd at least one hour before the session. TresBizz BV technical support will enable customers to cancel a session.
6. Applicable Law. These general conditions shall be governed by and are in accordance with Dutch law.
1. A support contract between parties that does not affect the responsibility of the client for the management and the manner of use of the product.
2. In case of a malfunction, the customer will inform TresBizz Ltd immediately with a detailed description of the failure.
3. Customer will provide TresBizz Ltd with all required cooperation for the necessary maintenance and support, including the temporary suspension of use of the product. In case of failing to do so, TresBizz Ltd may suspend or limit the maintenance or support.
4. If TresBizz Ltd upon request or with prior consent from customer has conducted work or other activities that go beyond the content or scope of the support contract, the customer will reimburse the work or activities according to the agreed upon rates and in the absence thereof, in accordance with the usual rates of TresBizz Ltd.
5. TresBizz B.V. is not obliged to comply with such an additional request and may demand a separate written contract.
Unless otherwise agreed, the obligations of TresBizz Ltd do not include software maintenance and / or providing support to the users of the software.
1. Customer shall never circumvent technical provisions intended to protect the software against illegal or unauthorized use.
2. The customer is not allowed to sell, lease, dispose of or grant limited rights of the software and relating data carriers in any manner or for any purpose whatsoever or make available to any third party. The customer will also refrain (whether or not remotely) from granting access to the software or to let the software e hosted by a third party, even if that third party uses the software for that customer only.
3. TresBizz Ltd is not obligated near or after the expiration of the user license to assist the customer with data conversion required by the customer.
4. Unless otherwise agreed in writing and notwithstanding exceptions set out by law, the customer is not allowed to modify the software in whole or in part without prior written consent of TresBizz Ltd. TresBizz Ltd is entitled to refuse its consent or to add conditions to its consent, including conditions concerning the manner and quality of implementation of the modifications required by the customer.
5. Customer is fully responsible for the risks of the modifications made by him or by a third party (with or without permission from TresBizz Ltd).
1. Customer shall provide full cooperation regarding the obligations of TresBizz Ltd under the applicable (professional) regulations.
2. Customer is aware that TresBizz Ltd:
3. TresBizz Ltd excludes all liability for damages caused during the fulfilment of his duties at the customer resulting from compliance by TresBizz Ltd with the laws applicable to him and (professional) regulations
1. TresBizz Ltd has the right to (temporarily) decommission and / or restrict the use of products and services if the customer meet a contractual obligation with TresBizz Ltd or is in breach of these general conditions, or in case it is necessary to carry out maintenance and related work.
2. TresBizz Ltd will notify the client of this in advance in writing, unless this cannot reasonably be required from TresBizz Ltd.
3. The obligation for payment remains during decommissioning.
4. If the service is stopped due to non-payment, the service will resume once the customer has fulfilled his obligations within the time period determined by TresBizz Ltd and has paid a tentative fixed amount for reactivation charged by TresBizz Ltd.
5. TresBizz Ltd reserves the right to delete or exclude clauses which might endanger the performance of TresBizz Ltd.
6. Activities conducted for examining or repairing malfunctions of or in connection with use due to errors, incorrect use or modifications of the product, use of the product contrary to the applicable conditions, overdue maintenance, or external causes such as defects in communication lines, network connections or power facilities, or connections with hardware / software or materials that are not covered by the maintenance contract, are not part of the contract and will be considered as additional work and the customer will be charged according to TresBizz Ltd usual rates.
7. TresBizz Ltd is never required to restore damaged or lost data due to disruptions and / or maintenance.