Terms of Use

1. Use of the service

• With Smart Office Plan, you can optimize the way your company is working remotely or at the office. To use Smart Office Plan, you first need to register. After completing registration, you can directly log into your account and use the service.
• You must secure access to your account using your mail address and password against third parties. In particular you must keep the password strictly confidential. De Monsters may assume that all actions undertaken from your account after logging in with your mail address and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified De Monsters that someone else knows your password. Consult the Acceptable Use Policy of Smart Office Plan for more information.
• Smart Office Plan processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the Privacy Policy of Smart Office Plan for more information.

2. Terms of use

• It is not permitted to use Smart Office Plan for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
• Should De Monsters discover that you violate any of the above, or receive a complaint alleging the same, then De Monsters may intervene to end the violation.
• If in the opinion of De Monsters the continued functioning of the computer systems or network of De Monsters or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, De Monsters may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
• De Monsters is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition De Monsters is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these Terms of use, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
• De Monsters may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless De Monsters from all third-party claims arising out of your violation of these terms of use.

3. Availability and maintenance

• De Monsters uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
• De Monsters actively maintains Smart Office Plan. In case maintenance is reasonably expected to negatively impact availability, De Monsters carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
• De Monsters may from time to time adapt Smart Office Plan. Your feedback and suggestions are welcome but ultimately De Monsters decides which adaptations to carry out (or not).

4. Intellectual property

• The service Smart Office Plan, the accompanying software as well as all information and images on the website is the intellectual property of De Monsters. None of these items may be copied or used without prior written permission of De Monsters, except and to the extent permitted by mandatory law.
• Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). De Monsters receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
• If you send information to De Monsters, for example a bug report or suggestion for improvement, you grant De Monsters a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
• We may view, copy, and internally distribute Content from your Surveys and account to create algorithms and programs that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts. We may aggregate and anonymize data, including from the Content of your Surveys, to create statistical information. Aggregated anonymized statistical information may be shared externally for research, marketing, or other lawful purposes.
• Smart Office Plan may identify you by name and logo as a customer of the Services on our websites and other promotional materials. Any goodwill arising from the use of your name and logo will be in your favor.

5. Compensation for the service

• The use of the service of Smart Office Plan is subject to fees. The applicable fee to make use of our Services are set out on our website (see: www.smartofficeplan.com/pricing).
• By using the service you agree that De Monsters may charge the selected credit card and approved by De Monsters for all amounts due and owing for using the service.
• Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
• In the event that you fail to pay the fees related to using the service, you will be responsible for all costs and expenses incurred by De Monsters in connection with collection activity related to overdue amounts.

6. Limitation of liability

• Except in case of intentional misconduct or gross negligence the liability of De Monsters shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
• De Monsters in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
• Damages may only be claimed if reported in writing to De Monsters at most two months after discovery.
• In case of force majeure De Monsters is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

7. Term and termination

• This agreement enters into force as soon as you first use the service and then remains in force until terminated.
• You may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice.
• De Monsters is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event De Monsters shall first send a reminder mail to the email address connected to your account.
• Please note: it is not possible to export data you store or process using the service.

8. Changes to terms

We may change any of the Terms of use as well as any prices by posting revised Terms of use on our Smart Office Plan website. Unless you terminate your account, the new Terms of use will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, any features of the Service at any time, and we may discontinue the Service, or any features of the Service at any time.

9. Miscellaneous provisions

• Dutch law applies to this agreement.
• Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Smart Office Plan shall be brought before the competent Dutch court for the principal place of business of De Monsters.
• For any clause in these Terms of use that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Smart Office Plan service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
• The version of any communication of information as recorded by De Monsters shall be deemed to be authentic, unless you supply proof to the contrary.
• In case any part of these Terms of use are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
• De Monsters is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Smart Office Plan or the associated business activities.