Terms and Conditions of Use

Article 1 - Definitions

1. Client: The one who has an agreement with Beeldhouwers.
2. Service: The ability to upload, enhance and publish 360 degree images on the EZVR platform.
3. Agreement: The accepted request by Beeldhouwers to deliver the contracted service.

Article 2 - Application

1. These General Terms and Conditions shall apply to the closed agreement between Beeldhouwers and Client, as well as anything that may arise as a result of or in connection therewith, unless otherwise agreed in a written Agreement.
2. Where these Terms and Conditions is mentioned as written, it may also be understood as electronically written.

Article 3 - The Agreement

1. The Agreement is established when Beeldhouwers has accepted the application and confirmed this to the Client in writing.
2. The Client is bound to such written confirmation if he did not object to the contents of this confirmation within three days of receipt of this confirmation. This right shall expire if the Service has already been used.
3. The Service Delivery Agreement is indefinite.
4. If any provision of the Agreement or these Terms and Conditions appears to be invalid, this does not affect the validity of the entire Agreement. In that case, the Parties will replace (new) provision(s) with the original Agreement and these Terms and Conditions are formed.
5. Termination of the Agreement shall be made in writing, with one month's notice.

Article 4 - Copyright

1. When uploading relevant information to the Service, the Client declares not to infringe the Copyright Act or other national or international copyright laws.

Article 5 - Billing and Payments

1. Beeldhouwers offers different price plans for the EZVR platform, consisting of the Basic, Extra and Superior variants.
2. Beeldhouwers bills yearly and in advance.
3. The payment obligation arises when the Agreement is established. The Client must comply with the invoice amount within 31 days.
4. Beeldhouwers is entitled to adjust the prices of the price plans mentioned in the first paragraph. Such a price change shall be notified to the Client in writing.
5. In the case of non-timely payment, the Client is in default without requiring a notice of default. From that moment on, Beeldhouwers is entitled to charge the legal interest on the outstanding invoice amount.

Article 6 - Service Suspension

1. Beeldhouwers has the right to suspend all or part of the provision of the Service if the Client fails to comply with the obligations or when the Client uses the Service in a manner that is detrimental to the EZVR platform.
2. Beeldhouwers must notify Client in writing that the service is suspended.
3. Beeldhouwers can exercise this right without the Client being in default.
4. For the purposes of this article, the payment obligation as set out in Article 5 of these Terms and Conditions shall remain.

Article 7 - Service Development

1. Beeldhouwers can modify the features of the Service, for example, to respond to the requirements of the technology and the market, in which case the Client is informed in writing.
2. If there is technical, social or possibly other developments Beeldhouwers needs to do, Beeldhouwers is entitled to cancel the Service with a notice period of one month. In the event of a previous situation, Client will be informed in writing and any amounts already prepaid for this Service will be reimbursed to the Client.
3. Client may not claim damages as a result of such change or cancellation.

Article 8 - Liability

1. Beeldhouwers accepts legal obligations for damages only to the extent that this article shows.
2. Beeldhouwers shall not be liable to the Client for third party claims and/or damage resulting from the Service unless there is intent or gross negligence on Beeldhouwers’ part.. For example, intentional or gross negligence may not be understood as external harm, hackers, disturbances in services or networks.
3. The liability of Beeldhouwers is limited to the amount of the one-month invoice amount or, if and so far there is an insured loss, to the amount actually paid under the insurance.
4. Any claim for damages shall expire after one year from the date on which the claiming event occurred.

Article 9 - Final Terms

1. The Agreement, including in the event of its execution outside of the Netherlands, and any resulting legal relationships shall be governed by Dutch law.
2. All disputes arising out of or arising out of these agreements, including those deemed to be by one of the parties as such, shall be settled by the competent court based on the Beeldhouwers’ place of business.