General terms and conditions

Introduction

We, Eylo B.V., provide Eylo VoIP (the Software) via Software-as-a-Service (SaaS). This means that we provide you with access to the Software developed by us via the internet. These are the terms and conditions that apply to the use of the Software.

Should you have any questions about these terms and conditions or the Software, please do not hesitate to contact us by email at: servicedesk@eylo.nl, by telephone at: 088-2112121 or by post at: Eylo B.V., Moerdonksvoort 48, 5706HL Helmond.

We have the right to change these terms and conditions. You agree that the latest version of these general terms and conditions shall always apply. Deviating agreements only apply if they have been accepted by us in writing.
Article 1 - General

    These general terms and conditions apply to every offer and agreement that we make with you.

    We shall send these general terms and conditions to you free of charge on request. They are also available at www.eylo.io.

    If any part of this Agreement is void or voidable, that will not change the validity of the rest of these general terms and conditions or the agreement to which they apply. The void or annulled part will be replaced by a provision that follows the content of the void provision as closely as possible.

Article 2 - Quotations and offers

    All our offers and quotations are without obligation, unless otherwise agreed. An offer in a quotation is only valid for the specific underlying order (and not for any future orders).

    We may assume that the information you provide to us is correct. We will base our quotation on this information.

Article 3 - Price

    The price is exclusive of any expenses and exclusive of VAT and other government levies.

    We may always adjust our prices and rates. The price change will take effect two weeks after its announcement.

    If you do not agree with the price change, you can terminate the agreement with us within 7 days. The agreement will then end on the date that the price change takes effect.

Article 4 - Payment and collection costs

    We will debit the amount for the use of the Software from your account each month around the 7th of the month by direct debit.

    If you do not meet your payment obligation in time, you are automatically in default. In that case you will owe the statutory (commercial) interest on the outstanding amount. The interest on the amount due and payable will be calculated from the moment you are in default until the moment you pay the amount due in full.

    You are automatically in default if you do not meet your payment obligation on time. In that case you will owe us all extrajudicial collection costs. For an outstanding amount up to €267 these costs will be €40. For a higher amount, the maximum collection costs are as follows:
        15% over the first €2500;
        10% over the part that remains after that, up to €5000;
        5% over the part that remains after that, up to €10,000;
        1% on the part remaining thereafter, up to €200,000;
        0,5% on the remaining part.

Article 5 - Use of Eylo VoIP

    If you wish to use our Software, you must register on our website. We will then check whether we approve your registration. We will let you know as soon as possible. You can then create an unlimited number of personal accounts for natural persons. You are responsible for the use of the Software by the individuals for whom you have created a personal account.

    All individuals with a personal account must keep their account information and password strictly confidential. You are liable for all actions that are taken after logging in with the account data and password, this also applies to all personal accounts created by you. You are not liable for these actions if you have reported to us that someone else knows the password of a personal account.

    You are responsible for the technical operation and maintenance of your internet connection, internal network and all other IT systems that are required by our system requirements for the use of the Software.

    We have the right to block a personal account. We will do so if we have a reasonable suspicion that one or more personal accounts are used in violation of the law or this Agreement. In addition, we retain the right to attach other consequences to such use.

Article 6 - Availability and maintenance of Eylo VoIP

    We will ensure that you can use the Software during the time we have a contract with you. We will endeavour to make the Software available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of the Software.

    We may (partially) take the Software out of operation for maintenance. In principle we will carry out maintenance outside office hours (09:00 - 17:00). You will receive a notification from us fourteen working days before the scheduled maintenance. Only in case of an emergency will we not send you a notification.

    We retain the right to modify the Software and to change, remove or add certain features or functionalities of the Software.

    We do not guarantee that the Software will be error-free. Please notify us immediately if the Software has a malfunction, such as an error message or failure of any functionality of the Software. You can do this by calling 0882112121, emailing help@eylo.io or by contacting us through the helpdesk function in the application(s) or the website. We will then do our best to solve the malfunction as soon as possible.

Article 7 - Third parties

We may have work (partially) performed by third parties, if we believe that this is necessary for the proper execution of the SaaS agreement. Articles 7:404 BW (execution by specific person), article 7:407 lid 2 (joint and several liability) and 7:409 BW (death of specific person) are not applicable.
Article 8 - Force Majeure

We are not liable if we cannot comply with the agreement with you due to force majeure. This also applies if you are unable to fulfil the agreement due to force majeure. If the force majeure lasts longer than one month, this agreement can be terminated in writing. In that case there is no right to compensation. We will send you an invoice for the (unpaid) period that you have used the Software.
Article 9 - Intellectual property rights

    We (or our licensors or suppliers) are the exclusive owners of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code and know-how, which rest on or arise from the Software.

    You are only granted the right to use the Software. You cannot claim the intellectual property rights mentioned in paragraph 1. The right to use the Software is not exclusive and it is not permitted to transfer or license the right to use the Software.

Article 10 - Confidentiality

We are obliged to keep all your confidential information confidential. By 'confidential information' we mean all information which you have indicated is confidential or which it follows from the nature of the information. In any case, the following is confidential information:

    information related to research and development, trade secrets or business information;

    personal data as referred to in the General Data Protection Regulation (AVG).

Article 11 - Liability

    You indemnify us against all claims by others due to the data you have stored, collected or processed using the Software. We are not liable for the content of the data you have stored, collected or processed within the Software.

    We are not liable for the damage caused by improper use of the Software.

    We are only liable for your direct damage, which is directly and exclusively the result of a shortcoming on our part.

    Our liability is always limited to a maximum of €1000.00, or the amount that our insurer pays out in that case.

    We undertake to ensure careful storage of your data. We are not liable for the damage or loss of data stored with us or with third parties.

    The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on our part.

Article 12 - Other provision

If an international number is requested, we reserve the right to request proof of establishment.
Article 13 - Applicable law

Dutch law.
Clause 14 - Competent court

Court of The Hague.

Contact
Eylo B.V.
KvK: 69973261
Moerdonksvoort 48
5706HL Helmond

Tel: 088 - 211 2121
Email: info@eylo.io

Reference:

Version 2 of the general terms and conditions - 1 September 2018.
LOGIN