General Terms and Conditions

In these general conditions, the following definitions apply:
a. Third Party: any other (legal) entity other than Payt or the Client.
b. User: a person who uses or wishes use to the Applications (referring also, but not exclusively, to the Client).
c. Payt: the private limited liability company Payt Software, with its registered office in Groningen, the Netherlands, and listed in the Dutch Trade Register under number 08155915.
d. Improper behaviour: acting in violation of the law, public order, common decency, the Agreement, these terms and conditions (including – but not restricted to – conduct in violation of the user rules and regulations, or default), as well as any other form of unseemly behaviour.
e. Client: the (other) party who concludes an Agreement with Payt.
f. Agreement: the Agreement, comprising all the agreements made between Payt and the Client for the purpose of performing activities, deliveries and/or services.
g. Applications: any form of online or offline (hard copy) information sources, applications, services and/or products including - but not restricted to - the online invoicing and collection system of Payt.

1. The User obtains access to the Applications by entering the user name and the password registered by Payt for the User. Neither the Client nor the User may provide a Third Party with access to data to which that third party is not entitled.
2. The Client shall be responsible for any use of the access data for the Applications. All actions that can be traced to the Client, e.g. by means of the access data, shall be attributed to the client, irrespective of whether such actions have been carried out by the Client, persons associated with the Client, or by a third party
3. On making use of the Payt Applications, the Client grants permission to Payt act on its behalf in collecting the debt from the debtor, insofar as such actions may be considered reasonable in the context of the agreed service provision. The Client shall be responsible for instituting the activity and for the timely updating of current actions, irrespective of whether this is via an automated system or a linked system. In principle, Payt uses an automated system for such actions until the Client has updated the status. Payt may never be obliged to accept an individual collection task and may refuse an action without stating any reason.
4. The Applications may not be used in violation of the law, public order, common decency, the Agreement, these general conditions, or the terms and conditions and of any Third Party who Payt or the User depends on for the use of the Applications.
5. The User must always act in an acceptable and responsible manner. The following rules apply, in particular.
6. The Applications may not be used for the invoicing and/or collection of fictitious, bogus, or concocted debts which ensue from a commitment that that is in breach of law, public order, or common decency.
7. On becoming aware of any improper conduct on the part of the Client, or of a User, Payt will inform the Client accordingly and set a reasonable term for an explanation of such conduct and/or to adopt appropriate measures to terminate such conduct. If the Client fails to implement appropriate measures within the set term, Payt shall be entitled to take appropriate and reasonable measures, including the immediate, without any notice be served, blocking of access data of the Client and/or User, the removal of the content and/or other data and the termination of current invoicing and collection files. The Client and/or User may in such a case lose all their rights concerning the Applications, without any entitlement of the Client and/or User to claim damages or compensation. In the event of improper conduct, Payt is entitled to inform the authorities accordingly.

1. All stated prices are exclusive of VAT, unless expressly stated otherwise in writing.
2. The fee for the use of the Applications is invoiced monthly. Payt is entitled to collect the fees by means of direct debit. Set-offs by the Client are not permitted. A payment term of 14 days applies
3. If there is any delay in payment (e.g. because a direct debit order is not accepted), Payt may, with reason, block the account of the Client temporarily, or permanently. Article 3 clause 7 also applies here. The Client will receive instructions by e-mail concerning the options for settling the debts and indicating his account will be reactivated.

1. In case of Force Majeure, either permanent or temporary, the Parties shall be entitled to annul the Agreement, in part or in full, as is reasonable according to the nature of the Force Majeure and the feasibility of finding a solution, or to partially suspend their obligations arising from the Agreement, without the other party being entitled to demand compliance, compensation and/or annulment.
2. Force Majeure is understood by the parties to include, in addition to as defined in law and jurisprudence, all external causes, foreseen or unforeseen, on which the Party has no influence and as a result of which the Party is unable to comply with its obligations by employing any reasonable alternatives. Hereby is intended, among other things (but not exclusively): (industrial) strikes at the company of the Party, the Client or a Third Party on whom the Party depends for the implementation of the Agreement, bankruptcy or suspension of payments at one or more of its suppliers or associated Third Parties, meteorological conditions due to which the activities cannot be adequately implemented, power outages, any breakdown/interruption the internet, computer network, or telecom facilities.

1. In case of liability, Payt may be held liable exclusively for direct damage.
2. Payt may never be held liable for indirect damage, including but not limited to, foregone profit, missed savings, operational failure and/or damage to Third Parties, also not in the event of non-compliance, or inadequate compliance, with the obligation to restore the service.
3. In the case that Payt may be held liable, liability per event or series of events with a common cause shall in any case be limited to the amount paid by the liability insurance for the case in question.
4. Under no circumstance shall liability exceed the invoice amount of the month in which the damage event occurs.
5. None of the liability limitations or liability exemptions stated in the Agreement and these Conditions shall apply in the case that the damage is the result of the willful intent or deliberate recklessness on the part of Payt or its management subordinate(s).
6. Each Party shall indemnify the other party against (any possible) claims by Third Parties which are related to the implementation of the Agreement and whereby the origin of this claim can be attributed to the one Party. All costs and damage suffered by other party due to such shall be paid in full by the Party responsible for the damage.

1. As a data controller, the Client is responsible, pursuant to rules and regulations concerning the processing of personal data, for compliance with these rules and regulations. The responsibility for the personal data that are processed in the context of the provided services is vested in the Client.
2. Within the context of the Agreement, Payt acts as ‘the Processor’ and the Parties have established the agreements concerning the processing of personal data in the Processor Agreement of Payt, version 2018.
3. The Client guarantees Payt that the content, the use and/or the processing of the personal data are not unlawful and do not infringe any third-party rights, that these personal data are legally collected and shared, and indemnifies Payt against any legal claim of whatever nature by a third party, in connection with the processing of these personal data, unless Client proves that the facts on which the claim is based can be attributed to Payt.

KvK: 08155915
BTW: NL817576320B01

Headquarters:

Waagstraat 4
9712 JX Groningen
The Netherlands