18 December 2020
The service "Group-Office" is offered over the internet in the form of Software-as-a-Service by the company Intermesh BV. The use of Group-Office is subject to the below terms and conditions. Using Group-Office constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Intermesh BV.
Use of the service
- The service Group-Office is offered for the purpose of office automation within your company, using the tools available from Group-Office. You choose yourself how to employ the tools and for which specific purposes.
- To use Group-Office, you first need to register. After completing registration, you can directly log into your account and use the servce.
- You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Intermesh BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Intermesh BV that someone else knows your password.
- Group-Office allows you to process personal data. Intermesh BV acts as a processor as that term is defined in the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”); you are the controller. You indemnify and hold harmless Intermesh BV against all claims by third parties in connection with the GDPR.
- It is not permitted to use Group-Office 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.
- In particular it is not permitted to use Group-Office in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or the excessively often accessing the service.
- Should Intermesh BV discover that you violate any of the above, or receive a complaint alleging the same, then Intermesh BV may intervene to end the violation.
- If in the opinion of Intermesh BV the continued functioning of the computer systems or network of Intermesh BV 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, Intermesh BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- Intermesh BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Intermesh BV 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 and conditions, 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.
Availability and maintenance
- Intermesh BV guarantees availability of the service 24 hours per 7 weekdays, 99,9% of the time.
- Intermesh BV actively maintains Group-Office. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
- Intermesh BV may from time to time adapt Group-Office. Your feedback and suggestions are welcome but ultimately Intermesh BV decides which adaptations to carry out (or not). Adaptions will be announced whenever possible.
- Intermesh BV makes daily backups of your data which we store off site in the Netherlands. We keep those backups for 14 days.
- Intermesh BV provides technical support via our website https://www.group-office.com/support or via e-mail firstname.lastname@example.org.
- Intermesh BV will respond to your ticket within 8 working hours. The working hours are from 8:30 till 17:00 CET / CEST.
- Intermesh BV will make reasonable effort to solve your technical problem.
- The service Group-Office, the accompanying software as well as all information and images on the website is the intellectual property of Intermesh BV. None of these items may be copied or used without prior written permission of Intermesh BV, 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). Intermesh BV 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 Intermesh BV, for example a bug report or suggestion for improvement, you grant Intermesh BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
- Intermesh BV shall refrain from accessing data you store or transfer using Group-Office, unless this is necessary for a good provision of the service or Intermesh BV is forced to do so by law or order of competent authority. In these cases Intermesh BV shall use its best efforts to limit access to the information as much as possible.
Compensation for the service
- The use of certain functions of Group-Office is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.
- Payment is possible by making a wire transfer to the account of Intermesh BV, via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.
- Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Limitation of liability
- Except in case of intentional misconduct or gross negligence the liability of Intermesh BV shall be limited to the amount paid by you in the six months prior to the moment the cause of the damage occurred.
- Intermesh BV 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 Intermesh BV at most two months after discovery.
- In case of force majeure Intermesh BV 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 that are out of the control of Intermesh. The datacenter is state of the art and redundant (See https://dataplace.com/en/datacenters/amsterdam).
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.
- Intermesh BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Intermesh BV shall first send a reminder mail to the e-mail address connected to your account.
- You can export the data you store or process using the service at any time through the service interface. You can also request a complete SQL dump of the database and tar file of the file storage from us free of charge. If we need to perform additional services we may charge a fee of € 90,- per hour. The data has to be requested before the termination of this contract.
Changes to terms
- Intermesh BV may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
- Intermesh BV shall announce through the service changes or additions at least thirty days before their taking effect.
- If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Group-Office after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
- Dutch law applies to this agreement.
- Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Group-Office shall be brought before the competent Dutch court for the principal place of business of Intermesh BV.
- For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Group-Office 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 Intermesh BV shall be deemed to be authentic, unless you supply proof to the contrary.
- In case any part of these terms and conditions 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.
- Intermesh BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Group-Office or the associated business activities. You will be notified if such an event occurs.
Contacting Intermesh BV
- If you have any questions about these terms and conditions, you can contact us by e-mail at email@example.com.