Terms & conditions
Please read the terms and conditions below carefully before using YouBaze. By using or purchasing one of our plans you agree upon our terms and conditions. If you are acting on behalf of an entity, then you represent that and have the authority to enter into this agreement on behalf of that entity, named as The Company. If your company does not accept the terms of this agreement, then it must not purchase or use the products or services we offer. The terms and conditions of this subscription agreement, and of any order forms entered into by The Company and YouBaze, are collectively referred to as the "agreement". Contact details:
6017 BA Thorn
Chamber of Commerce Roermond: 12066434
VAT #: NL817930139B01
2. Subscribing for free and choosing a paid plan
- The user can use YouBaze for free for as long as he/she wants with 1000 MB of storage and unlimited invoices and contacts (one user only). Paid plans will be paid at the rate and in the manner shared on YouBaze.com or as otherwise agreed between the parties in writing. This fee will be based on prices specified in the list of prices located on the YouBaze.com/plans. In the event that:
- YouBaze is obligated to perform the services in circumstances other than those expressly or reasonably anticipated; or there is a change in the timing or complexity of the services; and such circumstances are not the result of a breach of this agreement by YouBaze, then YouBaze will notify The Company of any additional fees payable by The Company as a result of such changes.
- YouBaze reserves the right to charge The Company interest on any outstanding amounts under this agreement.
3. Service suspension
- YouBaze may immediately suspend access of support services if:
a. The Company has not paid any undisputed subscription fee by the due date;
b. data and integrity cannot be preserved;
c. if there is a security breach or a malfunction in our software that may harm YouBaze customers.
YouBaze reserves the right to terminate or suspend the services to The Company indefinitely and without refund or compensation in the event that:
a. the services are used, or appear to YouBaze to be intended to be used, by a client or a customer of The Company in a manner deemed inappropriate by YouBaze;
b. the provision of the services is likely to expose YouBaze to any liability as a result of a breach of any law or any third party rights; or
c. The Company otherwise breaches this agreement.
- Suspension of service will continue until the problem or breach is rectified or until otherwise agreed.
- YouBaze will not be liable to the client or its third parties as a result of taking the action referred to in this Clause 5 where such action is taken on a view which is formed on a reasonable basis by YouBaze.
4. Unapproved use by The Company
- The Company must comply with any directions regarding the services given to The Company from time to time by YouBaze, including, but not limited to procedures imposed from time to time to prevent unauthorised use of or access to the services YouBaze offers.
- The Company must not engage in or otherwise permit, any unauthorised use of YouBaze's facilities or services by The Company, its employees, contractors, customers or third parties and in particular, The Company must not permit any third party to use or to access any of the services for any purpose without the prior written consent of YouBaze;
5. Lost data
YouBaze will take all reasonable steps to safeguard the YouBaze servers and the data contained therein; however, YouBaze will not be responsible for any client data lost that was stored or intended to be stored on the YouBaze servers or back-up devices and The Company will not be entitled to any form of compensation from YouBaze in the event of lost data.
6. Suspension of service
- YouBaze takes no responsibility for any delay, malfunction, non-performance, or other degradation of performance of any of the services caused by or resulting from any alteration, modifications or amendments due to changes and specifications requested or implemented by The Company whether or not beyond the services already supplied.
- In the event of total systems failure resulting in the interruption of service to the Internet from YouBaze Servers, YouBaze will attempt to repair and reinstate the service within 24 hours of detection depending on the severity of the failure.
- If failure is caused by The Company or any agent or customer of The Company to whom access to YouBaze Servers was given, The Company shall pay all costs to reinstate and/or repair The Company server.
7. Length of term and conclusion of service
- The minimum contractual period for the provision of the paid plans YouBaze offers is 12 months from the first day that the paid plans are made available to The Company. The Company is not obliged to conclude the paid plans in written after the first term expires. YouBaze will be entitled, however to set limitations to the use of the services YouBaze offers. This depends on the paid plan The Company has used, but has not renewed.
- There is no notice needed to stop using YouBaze. When The Company wants to stop using YouBaze, they can stop at any time during the subscription period. No refund will be given though.
- The Company's account will never be deleted by YouBaze. The admin user needs to delete all data when he/she wants to stop using YouBaze: contacts, emails, invoices, bank entries, .docs, timeline items, etcetera.
8. Acts of God
Neither party will be in default under this agreement by reason of its delay in performance of or failure to perform any of its obligations, if such delay or failure is caused by declaration of war, strikes, acts of god or the public enemy, riots, interference by civil or military authorities, compliance with Governmental laws, rules and regulations, delays in transit or delivery, inability to secure necessary governmental priorities or any fault beyond its control and without its fault or negligence.
9. Ending the agreement
If any part of this agreement is deemed unenforceable then:
- if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are broken; or
- in any other case the provision is broken, then the rest of this agreement will continue to be legal and enforceable.
The failure of a party at any time to insist on performance of any obligation under this agreement of the other party is not a relinquishment of its right:
- to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
- at any other time to insist on performance of that or any other obligation of the other party under this agreement.
Each party communicating notice under this agreement will do so:
- Sent by e-mail to the other party's e-mail address. Communication given in accordance through the contact form at www.youbaze.com is deemed received.
12. Using consultants
YouBaze may sub-contract the performance of any of the services but will remain primarily responsible for the performance of its obligations under this agreement.
13. Agreement in entirety
This agreement forms the agreement in its entirety between the parties with respect of the subject matter of this agreement.
14. Overseeing law
This agreement is overseen and enforced by the laws of the Netherlands.
15. Interpreting and defining
In this agreement, the following terms will have the following meanings:
- 'Acceptable Use Policy' means the policy governing acceptable use of the YouBaze services annexed this agreement as updated from time to time and posted on YouBaze.com
- 'agreement' means this agreement, including the Acceptable Use Policy, governing the provision of the services by YouBaze to The Company as may be varied from time to time by the parties in writin;
- 'fee' or 'rate' means the amount payable for provision of the services as prior agreed between the parties
- 'The Customer' means the party who has entered into this agreement for services with YouBaze
- 'YouBaze' means the party who offers the services The Customer uses
- 'Internet' means the world wide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol;
- 'services' means those services which The Company and YouBaze agree are to be provided to The Company by YouBaze in accordance with the package descriptions and payment details set out on the YouBaze website;
16. In this agreement:
(a) clause headings have been inserted for convenience only and will not be taken into account in interpreting the agreement;
(b) words importing the singular will include the plural and vice versa;
(c) words importing natural persons will include firms and corporate bodies or otherlegal persons and vice versa;
(d) reference to a party to this agreement includes reference to that party's successors and assigns.