Terms and conditions

Article 1 — Definitions

In these terms and conditions, the following is understood: Indanta: the user of these terms and conditions, established in Dordrecht; Customer: the enterprise or entity that enters into an agreement with Indanta; Dienst: the platform made available by Indanta and the associated software (including IndantaStay, IndantaEats, IndantaGlow and IndantaShop) and additional 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 of Indanta, unless explicitly agreed otherwise in writing. General (purchase) terms of the Customer are expressly rejected. Deviations apply only insofar as they have been confirmed in writing by Indanta.

Article 3 — Offer and conclusion of agreement

All offers from Indanta are non-binding, unless stated otherwise. The agreement comes into effect when the Customer accepts an offer, or when Indanta begins to perform 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 gives written notice of termination 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 endeavours 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 notify planned maintenance in advance. Indanta makes no guarantee of uninterrupted availability, unless a separate service agreement (SLA) has been made.

Article 7 — Customer's obligations

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

Article 8 — Intellectual property

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

Article 9 — Processing of Personal Data

To the extent Indanta processes personal data in performance of the Service on behalf of the Customer, Indanta acts as a processor and the Customer as a controller. The parties will record the agreements on this in a processor agreement. Indanta's own processing is subject to the privacy statement applies.

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 damage-causing event. Indanta is not liable for indirect damage, including consequential damage, lost profits, lost savings and loss of data. These limitations do not apply in case of intent or gross negligence of Indanta.

Article 11 — Force majeure

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

Article 12 — Amendment of the terms

Indanta may change these terms and the Service from time to time. Material changes will be announced at least one (1) month in advance. If the Customer disagrees with a material change, they may terminate the agreement on the date the change takes effect.

Article 13 — Applicable Law and Disputes

Dutch law applies to all agreements. Disputes shall be submitted to the competent court of the Rotterdam District Court, 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.