Article 1 — Definitions

In these terms and conditions, the following is understood: Indanta: the user of these terms, established in Dordrecht; Customer: the business or organization that enters into an agreement with Indanta; Dienst: the platform and associated software made available by Indanta (including IndantaStay, IndantaEats, IndantaGlow and IndantaShop) and supplementary services; Agreement: any arrangement between Indanta and the Customer regarding the provision of the Service.

Article 2 — Applicability

These terms apply to all offers, agreements and deliveries by Indanta, unless expressly agreed otherwise in writing. General (purchasing) terms of the Customer are expressly rejected. Deviations apply only insofar as they are confirmed in writing by Indanta.

Article 3 — Offer and formation of the agreement

All offers from Indanta are non-binding, unless stated otherwise. The agreement is formed at the moment the Customer accepts an offer, or at the moment Indanta begins performing the Service. Obvious mistakes or errors in an offer do not bind Indanta.

Article 4 — Prices and payment

All prices are in euros and exclude VAT, unless stated otherwise. Invoicing takes place per the agreed period (for example monthly or annually). Payment must be made within fourteen (14) days of the invoice date. In case of late payment, the Customer is in default by operation of law and Indanta is entitled to charge statutory commercial interest and reasonable collection costs, and to suspend access to the Service.

Article 5 — Term, renewal and termination

The agreement is entered into for the agreed term and is thereafter automatically renewed for the same period, unless one of the parties terminates it in writing at least one (1) month before the end of the current term. Termination does not affect payment obligations already incurred.

Article 6 — Delivery and availability

Indanta endeavors to provide the Service carefully and keep it available as much as possible. Indanta may temporarily take the Service offline for maintenance, adjustments or improvements; where possible Indanta will announce planned maintenance in advance. Indanta does not guarantee uninterrupted availability, unless a separate service agreement (SLA) has been made.

Article 7 — Customer obligations

The Customer is responsible for correct and careful use of the Service, for keeping login credentials confidential, and for the accuracy of the data they enter. The Customer will not use the Service in violation of laws or regulations or the rights of third parties.

Article 8 — Intellectual property

All intellectual property rights to the Service, the software and the underlying documentation rest exclusively with Indanta or its licensors. The Customer acquires only a non-exclusive, non-transferable right of use for the duration of the agreement. Data entered by the Customer themselves remains the property of the Customer.

Article 9 — Processing of personal data

Insofar as Indanta processes personal data in the performance of the Service on behalf of the Customer, Indanta acts as a processor and the Customer as a controller. The parties record their arrangements in a data processing agreement. Indanta's own processing is subject to the privacy statement .

Article 10 — Liability

Indanta's liability is limited to direct damage and to a maximum of the amount the Customer has paid for the Service in the six (6) months preceding the event causing the damage. Indanta is not liable for indirect damage, including consequential damage, lost profit, lost savings and loss of data. These limitations do not apply in case of intent or gross negligence by Indanta.

Article 11 — Force majeure

Indanta is not obliged to perform any obligation if prevented from doing so by force majeure, which also includes disruptions at suppliers, power or internet outages and cyber attacks. If the force majeure lasts longer than thirty (30) days, both parties may terminate the agreement in writing.

Article 12 — Modification of terms

Indanta may modify these terms and the Service from time to time. Material changes will be announced at least one (1) month in advance. If the Customer does not agree with a material change, they may terminate the agreement as of the date the change takes effect.

Article 13 — Applicable law and disputes

All agreements are governed by Dutch law. Disputes shall be submitted to the competent court of the District Court of Rotterdam, unless mandatory law provides otherwise.

Article 14 — Contact

Indanta · Spuiweg 59, 3311 GT Dordrecht · CoC 24366330 · VAT NL002031050B79 · [email protected] · +31 (0)78 750 58 44.