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GENERAL CONDITIONS
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Article 1 – Validity & Applicability
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1.1 These Terms and conditions are applicable for the access to and the use of the website www.kamerstart.nl,
the offered services of iPresa on it, and on every agreement between iPresa and the user / consumer of her
services (’User’), for as far as the parties have not deviated explicitly and in writing from these Terms and
conditions.
1.2 By subscribing and/or using the services offered by the website www.kamerstart.nl User explicitly agrees with
these Terms and conditions.
1.3 User will not dispute the applicabilty or validity of these Terms and conditions only because of the fact
that supply and acceptance have possibly taken place in an electronic manner.
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Article 2 - Registration
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2.1 Certain services can only be used by the User after registering. Acceptance of these Terms and conditions
forms a part of the registration process. If registration is not required, use of the service is an
offer to conclude a contract with iPresa pursuant to these Terms and conditions. iPresa accepts the User´s
offer by providing the service.
2.2 All data requested by iPresa during the registration process has to be filled in correct and to truth by the User.
User must keep the supplied passwords or similar access- and user codes confidential and must not disclose it or share it with anyone.
If iPresa has reason to believe that there is likely to be a breach of security or misuse of the iPresa services, iPresa may change passwords.
2.3 User must keep the Registration data up to date. User will be responsible for all activities and transactions that occur or are
submitted under his/her Registration data, even if the User is not aware of that misuse.
2.4 iPresa respects users´ privacy and complies with all applicable data protection requirements. Personal data which iPresa collects
or processes during registration and during the provision of the iPresa services will only be used by
iPresa in accordance with data protection laws. iPresa collects, processes and uses personal data of User in accordance with the purposes
of this contract, particularly for the purpose of providing the services. User can view, update, or delete his/her data and can view and change
the supplied password.
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Article 3 - Content of ads and calls
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3.1 All data requested during the placement of an ad and/or call has to be filled in correct and to truth by the User. User
will not fill in any contact information like phone numbers and email addresses in the ad and/or call. By placing an ad and/or a call
User explicitely agrees that this data will be shown on the website www.kamerstart.nl.
3.2 User is responsible for (the contents of) the ads and/or calls that are shown by iPresa. User is not permitted to use the
(contents of the) website for actions or behaviour that are contradictory to the law, public order and decency.
3.3. User garantees that he/she will not misuse the website www.kamerstart.nl. User must not disseminate, publish or communicate content
which is defamatory, libellous, obscene, racial, violent, discriminating, pornographic or threatening. It is also not permitted to place
links to other websites, to place advertisements for other websites, and/or place advertisements that do not form a part of the purpose of
the website www.kamerstart.nl.
3.4 iPresa is allowed to shorten and/or change the contents of ads and calls. iPresa is also allowed to refuse or delete ads/calls from the
website www.kamerstart.nl. This can never lead to any right of User to damage. An ad and/or call will for example be deleted if:
- the ad has been shown on the website www.kamerstart.nl for more than one month;
- the call has been shown on the website www.kamerstart.nl for more than two months;
- it is incorrect and/or incomplete;
- it violates intellectual property rights of third parties;
- it is in contradiction with these Terms and conditions;
- it is in contradiction with the Dutch law.
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Article 4 - Duration, term of Execution & change of the Contract and Terms and conditions
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4.1 The agreement between iPresa and a User shall be entered into for the period of one year, unless the nature of the agreement
dictates otherwise or if parties have explicitly agreed otherwise in writing.
4.2 iPresa shall be allowed to change these Terms and conditions at any given time. Applicable is always the last version / the
version that was applicable at the time of the realisation of the agreement.
4.3 If User does not want to accept a change in these Terms and conditions, the User shall be entitled to dissolve the agreement
within a period of maximum two months after the new agreement, on which these Terms and conditions are applicable, became effective.
Changed will be announced to User by email. The continued use of the services offered by iPresa, after modification of the
Terms and conditions, is considered as an acceptance of the new Terms and conditions of iPresa.
Also in the case of an automatic and/or silent prolongation of the agreements made with iPresa, the modified Terms and conditions will be
effective on the relation between iPresa and User.
4.4 iPresa shall be allowed to change, limit, and/or dissolve her services (in whole or in part).
4.5 iPresa shall be authorised to suspend the fulfilment of the obligations under the agreement or dissolve the agreement, in the event that:
a) User does not fulfil or does not fully fulfil his obligations resulting from the agreement.
b) after the agreement has been concluded, iPresa learns of circumstances giving good ground to fear that the User will not fulfil
his obligations. If good ground exists to fear that the User will only partially or improperly fulfil his obligations, suspension
shall only be allowed in so far the shortcoming justifies such action.
c) User provided incorrect information when the agreement has been concluded or during the registration process;
d) circumstances arise of such a nature that fulfilment of the obligations becomes impossible or can no longer be demanded in
accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered
maintenance of the agreement can no longer be demanded in all reasonableness.
e) User does not use the services of iPresa for a period longer than three months.
f) User does not login at the website www.kamerstart.nl within a week after registration.
4.6 User shall be allowed to dissolve the agreement by completely unregistering from the website www.kamerstart.nl.
4.7 User or iPresa terminate the company activities, the other party has the right to terminate the agreement without following
the cancellation terms, with restrictions of law.
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Article 5 - Prices and fees
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5.1 The prices for products and/or services shall be inclusive of VAT and other government levies. The prices might consist of
one-off amounts that are chargeable in advance, and/or montly or other periodically chargeable amounts.
5.2 iPresa shall be able to increase her prices and fee. Unless explicitly dictated otherwise in writing that prices and fees
are applicable for a certain period, the announced price modifications for the montly or other periodically chargeable amounts become
effective 1 (one) month after their disclosure. The modifications will be announced by means of the website www.kamerstart.nl.
5.3 Modifications to one-off amounts that are chargeable in advance are immediately effective. The modifications will be announced by means of
the website www.kamerstart.nl.
5.4 If User does not wish to accept the increase in fee or hourly rate communicated by iPresa, User shall be entitled to
terminate the agreement in writing within seven working days following the above-mentioned notification, or
to cancel the assignment by the date given in iPresa's notification on which the change in fee or hourly rate would take effect.
5.5 Payment must be made in advance, in a way to be indicated by iPresa and in the currency in which the
statement of expenses was drawn up. Contestation of the amount of the statements of expenses shall not
suspend the fulfilment of the payment obligation. Payments takes place, yet not exclusively, by placing a call or buying reply
credits. By buying reply credits User can reply on ads on the website www.kamerstart.nl for a period of two months
(direcly after payment).
5.6 iPresa is not obligated to return payments made in advance at the suspension (for any reason whatsoever) of the agreement, unless
the agreement is suspended by the User based on article 5.4.
5.7 User has to pay chargeable money from his/her bank- or giro account via TripleDeal to iPresa, unless dictated otherwise in writing or
electronically via the website or email.
5.8 If User fails to fulfil his payment obligation, this will be communicated to User and another period of payment is
determined. If User again fails to fulfil his payment obligation, then User shall be in default by operation of law.
In that event, User shall owe an interest of 1% per month, unless the statutory interest
rate is higher, in which case the statutory interest rate shall apply. The interest on the amount due and
payable shall be calculated as from the day the User is in default until the moment he has paid the amount in full.
5.9 If the User fails to fulfil his obligations (in due time) or defaults on them, then all reasonable costs
incurred to have all extrajudicial costs and debts paid shall be borne by the User. The User shall in any case
owe the collection charges in the event of a monetary claim. The collection charges shall be calculated in
accordance with the collection rates advised by the Nederlandse Orde van Advocaten (Netherlands Bar) for
collection procedures. If iPresa demonstrates that he has incurred higher expenses, which were necessary in
reason, said expenses shall also qualify for reimbursement.
5.10 All payments by User to iPresa will be deducted on the oldest invoice not being paid, irrespective of the
description given to the payment by User.
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Article 6 - Liability
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6.1 iPresa is not liable for damage resulting from or related to the offered services which are free of charge. If iPresa is liable for
any damage whatsoever, than this liability is limited to what is regulated within this article. iPresa is not liable for damages in cases
beside the ones called in this article, irrespective of the ground on which the action for damages are based.
6.2 Through the website www.kamerstart.nl iPresa offers a platform on Internet by which Users can offer and search for rooms. iPresa
has only a supporting role and this and can therefore not be kept responsible for agreements made between tenants and landlords and/or
the contents of these agreements.
6.3 iPresa does not guarantee that any of the information provided on its website(s) is up-to-date, complete and/or accurate. Some information
on the website www.kamerstart.nl, like information related to ads and calls, originates from third parties. These third parties are themselves
liable for the correctness and completeness of this information. iPresa cannot be kept liable for the contents of this information.
6.4 iPresa is not liable and is not responsible for websites that are connected to the website www.kamerstart.nl by means of a (hyper)link. The
contents of these linked websites is not checked by iPresa and iPresa is not in any way responsible for the correctness of the information
on those linked websites, nor does the single (hyper)link to such websites a reason to assume that iPresa knows about the content of those
websites.
6.5 Ipresa is not liable for (the content of the) services and/or information from third parties that is offered in anyway through a website
of iPresa. iPresa does not guarantee that any of the information provided on its website(s) is without errors, deficiencies, and/or viruses, and
that this can be solved. User is liable for the installation and use of the right protection means for his/her systems, like antivirus software or a
firewall.
6.6 iPresa does not guarantee that the website www.kamerstart.nl is working continuously. iPresa is authorized to put the website
www.kamerstart.nl (temporarily) offline or limit its functionality, if this is for example necessary for maintenance and adaptations.
6.7 iPresa is never liable for indirect damage, included consequence damage, lacked profit, lost information or data, missed savings and
damage by company stagnation. These stipulations of the liability do not apply insofar as the damage is caused intentionally or iPresa is
grossly at fault.
6.8 Direct damage shall be understood to be exclusively:
- the reasonable costs incurred to establish the cause and the volume of the damage, in so far said establishment relates to damage
in the sense of the present Terms and conditions;
- the reasonable costs possibly incurred to have iPresa's faulty performance meet the conditions of the agreement, unless such faulty
performance cannot be attributed to iPresa;
- the reasonable costs incurred to prevent or limit the damage, in so far User demonstrates that said costs have led to the
limitation of direct damage as meant in the present general Terms and conditions.
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Article 7 - Spam / Harvesting
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7.1 The use of personal information made publicly available through the website www.kamerstart.nl, including but
not limited to e-mail addresses, is to be used only for the purpose of the website www.kamerstart.nl. It is under
no circumstances permissible to use the e-mail addresses for other purposes, such as:
- sending (unsolicited) e-mails, messages of a commercial nature, and/or e-mails not directly related to an ad or call;
- sending (unsolicited) e-mails in which a commercial product or service is offered, and/or e-mails regarding products or
services directly or indirectly related to an ad or call;
- collecting e-mail addresses from iPresa users for whatever other reason;
7.2 If the User violates this article (in whole or in part), the User will, without warning, proof of fault, or third-party consultation,
be charged € 2.000,- (two thousand euro´s) per violation (where the use of one user´s personal information is
considered a single violation). Please see article 4.5 as it would undoubtedly apply in this situation.
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Article 8 - Force Majeure
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8.1 iPresa shall not be held to fulfil any of her obligations if it is hindered to do so due to a circumstance
through no fault of her own and which cannot be attributed to her by virtue of law, a legal action or generally accepted practice.
In addition to the provisions of the law and the judge-made law in this respect, force majeure shall in the present Terms and conditions
furthermore be understood to be any external circumstance, be it envisaged or not, on which iPresa cannot have any influence but
which prevents iPresa from fulfilling his obligations. Jammings in networks are understood to be a circumstance of force majeure,
as well as jammings in telecommunication, infrastructure of the website www.kamerstart.nl or its subcontractors.
8.2 User garantees that the information provided by him/her, including but not limited to ads and/or calls,
does not violate intellectual property rights of third parties. The User shall safeguard iPresa against claims
filed by third parties concerning intellectual property rights on material or data provided by the User, which
shall be used for and during the execution of the agreement.
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Article 9 - Applicable Law / Forum
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9.1 Dutch law is applicable on every agreement between iPresa and User.
9.2 Any action arising out of or related to this agreement must be brought exclusively in the court of
´s-Hertogenbosch, The Netherlands.
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