Terms & Conditions
These Terms (“Terms”) govern the use of the products, websites and Services of www.auditindepender.com (“AI”) listed here (the “Services”). The AIS makes an offer to you by allowing you to subscribe to the Services and/or use or order the Services. You expressly and unconditionally accept these Terms by creating a AI account, by using the Services, or by continuing to use the Services after being notified of any change to these Terms. Please read and print these Terms and keep these Terms for your records, as the AI does not warrant that it will keep a copy.
The last change to these General Terms took place on januari 01, 2022. AIS is an abbreviation of: Audit Independer.
1. PRIVACY
We take your privacy seriously and comply with legal provisions such as the General Data Protection Regulation. The following describes how AI handles Data files, any photos, documents, any audio, digital works and any videos that you upload, store or share via AI. By using the AI Services, you acknowledge that you have agreed to these Terms and Conditions and that you have read and understood the privacy policy and you authorize AI to collect, use and disclose such information as set forth herein. determined. In order to create an account on AI and use the Services, we need to collect and process certain information. What information we collect depends on the products and features you use. It may concern the following data:
– a unique ID number associated with your account to identify the
associated information;
– your login details, such as the date and time, details about the product
you have logged in to, your login name;
– name and contact details, including your first and last name, email
address, postal address, telephone number and other similar contact
details;
– credentials: passwords, password hints and similar security information
used for authentication and access to the account;
– demographic data: data about you, such as your gender, country and
preferred language;
– payment data: data necessary to process your payment when you make
purchases;
– Services usage data: data about the features you use, the items you
purchase, and the web pages you visit;
– device, connectivity and configuration data: data about your device and
about the network you use to connect to our platform; a unique identifier
assigned to your device, your IP address, your operating system, and your
browser version;
– error reports and performance data: data about the performance of the
products and any problems you experience with them. This information may
help us diagnose problems with the products you use or Services you
purchase. In addition, the data is useful to improve our offer. Depending
on your product and settings, error reports may include information such as
the type or severity of the problem, details of the software or hardware
involved in an error, the contents of files at the time of an error, and
information about other software on your device. You are and will remain
empowered to make decisions regarding the personal data we collect. You may
decline to provide personal information, but if you choose not to transfer
information necessary to use our products or services, you may not be able
to use it. You have the right at any time to inquire about the data that AI
has about you. You have the right to request that this data be deleted or
changed, or transferred. We use personal data only to provide and improve
the products and services we offer, and for essential business operations.
This includes working with the products, maintaining and improving the
performance of the products, including developing new features, researching
and providing customer support. Data remains your property and will only be
used anonymously. AI is committed to protecting the security of your
personal data. We use a variety of security technologies and procedures to
protect your personal information from unauthorized access, use or
disclosure. For example, we store the personal data you provide in a
virtual safe, which is only accessible to you and is stored in secure
buildings. When we transfer highly confidential information (such as a
credit card number or password) over the Internet, we protect that
information by using encryption.
2. CONTENT
Our Services enable you to, for example, store or share your Data. We do
not claim any ownership rights in this Data. That Data remains your
property and you are responsible for it.
a. You represent and warrant that for the duration of these Terms you own
(and will have) all necessary rights in the content or Data uploaded,
stored or shared by you on or through the Services, and that the sharing,
using, and storing them through the Services does not violate the rights of
others. Although AI makes backups from time to time, it does not guarantee
that these are always the latest version of the platform and/or the most
recent Data and/or other content. We therefore strongly re- commend that
you make regular backups of your own Data. AI is not responsible for the
aforementioned content or Data or material that others upload, store or
share through our Services.
b. To the extent necessary to provide the Services to you and others (which may include changing the size, shape, or format of Data to better store or display it to you), to provide you and the Services and to improve, provide or expand the products and Services of AI, you grant AI the right to copy, store, transmit anonymized content or data uploaded, stored or shared by you -den, rearrange, distribute through communications, and display on or through the Services. Anonymized Data can in no way be traced back to the owner or the object it concerns.
c. You guarantee that the content or data uploaded, stored or shared by you is correct and complete.
3. CODE OF CONDUCT
a. Content, materials or acts that violate these Terms are not allowed. By
agreeing to these Terms, you undertake to abide by these rules:
i. Refrain from activities that are false or misleading (for example,
soliciting money under false pretenses, impersonating some- one else, or
manipulating Services to falsify game statistics, or influence rankings,
ratings, or comments).
ii. Do not send spam containing AI logos and/or the AI Member Certificate and/or references to AI. Spam refers to large numbers of unsolicited, unsolicited email, submissions, contact requests, text messages (SMS), or instant messages.
iii. Do not intentionally attempt to influence restrictions on access to or
availability of the Services.
iv. Do not infringe on the rights of others (for example, unauthorized
sharing of Data that does not belong to you).
v. Refrain from activities that violate the privacy of others.
vi. Do not assist others to break these rules.
b. Enforcement. We reserve the right to refuse the content or Data
uploaded, stored or shared by you if i) restrictions included in the
various subscriptions and set for the Service are exceeded or in the
absence of such restrictions ii ) is acted in violation of Fair Use, in
which case the average consumption or use per user is calculated, which
outcome will then apply as a limitation. If you fail to comply with any of
the obligations listed above under 3a or otherwise violate these Terms, we
may take action against you, including (without limitation) stopping the
provision of the Services or closing your AI account with immediate effect,
if there is reason to do so, or the blocking of
communications (email or instant messaging) to and from the Services. We
also reserve the right to remove or remove from the Services any content or
data uploaded, stored or shared by you at any time if we are advised that
it may violate applicable law or these Terms. While investigating suspected
violations of these Terms, AI reserves the right to review any content or
data you upload, store, or share in order to resolve the matter.
4. USING THE SERVICES AND SUPPORT
a. Your AI Account. You need a AI account to use the Services. Allows you
to log in to products, websites and Services provided by AI.
i. There are different types of accounts:
– Free Membership: this is a (temporarily) free account for Organizations (Certifying Institutions and related entities are excluded ).
By registering you get (temporary) access to various free Services on the
AI platform.
Please note!
- The Free Membership has/may contain and obtain (paid) features
(functionalities) and are subject to (interim) change/deletion. For the
current features, please refer to www.auditindepender.com.
- AI has no delivery, effort, result or otherwise obligations towards the
Free Membership account.
- AI can unilaterally (interim) allow the Free Membership to become a paid
membership/account or otherwise.
- AI can unilaterally (prematurely) terminate the Free Membership, without
giving any reason and without returning payment(s) / refund.
- Max. 1 entity and max. 1 login can be linked to a Free Membership.
- Validity of a Free Membership is max. 1 year, commencing after account
registration.
- AI is, in the broadest sense of the word, in no way liable for the use of
a Free Membership account, keeping it online, storing Data, (third party)
services, etc. from and on AI, any (back) payments to Free Membership
Holders and/or third parties and their (premature) termination.
- No rights can be derived from a Free Membership (account), its features
or otherwise.
- AI is entirely free to put the Free Membership on hold and/or suspend
and/or remove it (in the meantime).
- AI is entirely free to publish and use the results of the Free Membership
(publicly).
- The Free Membership participant of AI platform is not allowed to resell,
sell, duplicate, share, copy or otherwise use, share, etc. any kind of the
data, assessments, tools, services, etc. used from/on the AI, services,
database and platform, either directly , either indirectly, for their own
purposes or those of/to third parties, internally, etc. either for
consideration, or for no consideration, or to participate in it of any
kind.
- If the Free Membership is allowed to present data, this must be done in
accordance with the rules of AI, AI can change this and/or have it removed
at any time.
- AI has no delivery effort, performance effort or otherwise obligations to
the Free Membership account.
- AI is, in the broadest sense of the word, in no way liable for the use, results, etc. of services of Third Parties / other Membership holders through the AI Platform.
– Basic Membership: this is a paid (limited) account for Organizations (Certifying Institutions and related entities are excluded ).
By registering and (timely) payment(s), you gain access to various Services
on the AI platform.
Please note!
- The Basic Membership has/may contain (extra) - (paid) features
(functionalities) and are subject to (interim) change/removal. For the
current features, please refer to www.auditindepender.com.
- AI can unilaterally (interim) - add and/or change and/or remove (paid)
features.
- The Basic Membership never has the right to (prematurely) cancel its
Basic Membership and/or to request/receive and/or suspend (re)payments to
AI.
- AI has no delivery effort, result effort or other obligations towards the
Basic Membership account.
- AI can unilaterally (prematurely) terminate the Basic Membership, if AI
is of the opinion that the Basic Membership account does not comply with
the (general) Terms, harms the (AI) norms and values, harms AI in any way
and/ or for reasons of its own, all without any return of payment(s) /
refund.
- Max. 1 entity and max. 1 login can be linked to a Basic Membership (it is
possible on request to increase the number of logins at an additional
cost). AI can unilaterally (interim) - add and/or change and/or delete the
(number of) entities and/or (number of) logins.
- Validity of a Basic Membership concerns the duration of the agreed period
(1 period is 1 year) with a minimum of 3 periods (3 years), commencing
after account registration.
- AI is completely free to publish and use the results of the Basic
Membership (publicly).
- AI is, in the broadest sense of the word, in no way liable for the use of
a Basic Membership account, keeping it online, storing Data, (third party)
services, etc. of and on AI, any (re)payments to Basic Membership holders
and/or third parties and their (interim) termination.
- The Basic Membership participant of AI platform is not allowed to resell,
sell, duplicate, share, copy or otherwise use, share, etc. any kind of the
data, assessments, tools, services, etc. used from/on the AI services,
database and platform, either directly , either indirectly, for their own
purposes or those of/to third parties, internally, etc. either for
consideration, or for no consideration, or to participate in it of any
kind.
- If the Basic Membership is allowed to present data, this must be done in
accordance with the rules of AI, AI can change this and/or have it removed
at any time.
- No rights can be derived from a Basic Membership (account), its features
or otherwise.
- AI is, in the broadest sense of the word, in no way liable for the use, results, etc. of services of Third Parties / other Membership holders through the AI Platform.
– Standard Membership: this is a paid (limited) account for Organizations (Certifying Institutions and related entities are excluded ).
By registering and (timely) payment(s), you gain access to various Services
on the AI platform.
Please note!
- The Standard Membership has/may contain (extra) - (paid) features
(functionalities) and are subject to (interim) change/removal. For the
current features, please refer to www.auditindepender.com.
- AI can unilaterally (interim) - add and/or change and/or remove (paid)
features.
- The Standard Membership never has the right to (prematurely) cancel its
Standard Membership and/or to request/receive and/or suspend (re)payments
to AI.
- AI has no delivery effort, result effort or other obligations towards the
Standard Membership account.
- AI can unilaterally (prematurely) terminate the Standard Membership, if
AI is of the opinion that the Standard Membership account does not comply
with the (general) Terms, harms the (AI) norms and values, harms AI in any
way and/ or for reasons of its own, all without any return of payment(s) /
refund.
- Max. 1 entity and max. 1 login can be linked to a Standard Membership (it
is possible on request to increase the number of logins at an additional
cost). AI can unilaterally (interim) - add and/or change and/or delete the
(number of) entities and/or (number of) logins.
- Validity of a Standard Membership concerns the duration of the agreed
period (1 period is 1 year) with a minimum of 3 periods (3 years),
commencing after account registration.
- AI is completely free to publish and use the results of the Standard
Membership (publicly).
- AI is, in the broadest sense of the word, in no way liable for the use of
a Standard Membership account, keeping it online, storing Data, (third
party) services, etc. of and on AI, any (re)payments to Standard Membership
holders and/or third parties and their (interim) termination.
- The Standard Membership participant of AI platform is not allowed to
resell, sell, duplicate, share, copy or otherwise use, share, etc. any kind
of the data, assessments, tools, services, etc. used from/on the AI
services, database and platform, either directly , either indirectly, for
their own purposes or those of/to third parties, internally, etc. either
for consideration, or for no consideration, or to participate in it of any
kind.
- If the Standard Membership is allowed to present data, this must be done
in accordance with the rules of AI, AI can change this and/or have it
removed at any time.
- No rights can be derived from a Standard Membership (account), its
features or otherwise.
- AI is, in the broadest sense of the word, in no way liable for the use, results, etc. of services of Third Parties / other Membership holders through the AI Platform.
– Premium Membership: this is a paid account Organizations (Certifying Institutions and related entities are excluded ).
By registering and (timely) payment(s), you gain access to various Services
on the AI platform.
Please note!
- The Premium Membership has/may contain (extra) - (paid) features
(functionalities) and are subject to (interim) change/deletion. For the
current features, please refer to wwwauditindepender.com.
- AI can unilaterally (interim) - add and/or change and/or remove (paid)
features.
- The Premium Membership never has the right to cancel its Premium
Membership (prematurely) and/or to request/receive and/or suspend
(re)payments to AI.
- AI has no delivery effort, result effort or other obligations towards the
Premium Membership account.
- AI can unilaterally (prematurely) terminate the Premium Membership if AI
is of the opinion that the Premium Membership account does not adhere to
the (general) Terms, harms the (AI) standards and values, harms AI in any
way and/ or for reasons of its own, all without any return of payment(s) /
refund.
- Max. 1 entity and max. 1 logins can be linked to a Premium Membership. AI
can unilaterally (interim) - add and/or change and/or delete the (number
of) entities and/or (number of) logins.
- Validity period of a Premium Membership concerns the duration of the
agreed period (1 period is 1 year) with a minimum of 3 periods (3 years),
commencing after account registration.
- AI is completely free to publish and use the results of the Premium
Membership (publicly).
- AI is, in the broadest sense of the word, in no way liable for the use of
a Premium Membership account, keeping it online, storing Data, etc. of and
on AI, any (re)payments to Premium Membership holders and/or third parties
and their (interim) termination.
- The Premium Membership participant of AI platform is not allowed to
resell, sell, duplicate, share, copy or otherwise use, share, etc. any kind
of the data, assessments, tools, services, etc. used from/on the AI
database and platform, either directly , either indirectly, for their own
purposes or those of/to third parties, internally, etc. either for
consideration, or for no consideration, or to participate in it of any
kind.
- If the Premium Membership is allowed to present data, this must be done
in accordance with the rules of AI, AI can change this and/or have it
removed at any time.
- No rights can be derived from a Premium Membership (account), its
features or otherwise.
- AI is, in the broadest sense of the word, in no way liable for the use, results, etc. of services of Third Parties / other Membership holders through the AI Platform.
– Special Membership: for specific Services, for example for a specific sector, AI can create a Special Membership. This is always tailor-made and AI is free to offer or not to offer such Special Memberships.
For a Special Membership, separate written agreements are made in addition
to these General Terms.
Please note! These General Terms with at least the following points apply
at all times:
- The Special Membership has/may contain (extra) - (paid) features
(functionalities) and are subject to (interim) change/removal. For the
current features, please refer to www.auditindepender.com.
- AI can unilaterally (interim) - add and/or change and/or remove (paid)
features.
- The Special Membership never has the right to cancel its Special
Membership (prematurely) and/or to request/receive and/or suspend
(re-)payments to AI.
- AI has no delivery, effort, result or other obligations towards the
Special Membership account.
- AI can unilaterally (prematurely) terminate the Special Membership, if AI
is of the opinion that the Special Membership account does not comply with
the (general) Terms, harms the (AI) norms and values, harms the AI in any
way and/or for reasons of its own, all without any refund of payment(s).
- Max. 1 entity and max. 1 login can be linked to a Special Membership.
- Period of validity of a Special Membership concerns the duration of the
agreed period (1 period refers to 1 year) with a minimum of 1 period (1
year), commencing after account registration.
- AI is, in the broadest sense of the word, in no way liable for the use of
a Special Membership account, keeping it on- line, storing, (third party)
services, Data, etc. from and on AI, any (back) payments to Special
Membership Holders and/or third parties and the (premature) termination
thereof.
- The Special Membership participant of AI platform is not allowed to resell, sell, duplicate, share, copy or otherwise use, share, etc. any kind of the data, assessments, tools, services, etc. used from/on the AI services, database and platform, either directly , either indirectly, for their own purposes or those of/to third parties, internally, etc. either for consideration, or for no consideration, or to participate in it of any kind.
- If the Special Membership is allowed to present data, this must be done in accordance with the rules of AI, AI can change this and/or have it removed at any time.
- No rights can be derived from a Special Membership (account), its features or otherwise.
- AI is, in the broadest sense of the word, in no way liable for the use, results, etc. of services of Third Parties / other Membership holders through the AI Platform.
– Provider Membership: this is a paid (limited) account especially for Certifying Institutions and related entities.
By registering and (timely) payment(s), you gain access to various Services
on the AI platform.
Please note!
- The Provider Membership has/may contain (extra) - (paid) features
(functionalities) and are subject to (interim) change/removal. For the
current features, please refer to www.auditindepender.com.
- AI can unilaterally (interim) - add and/or change and/or remove (paid) features.
- The Provider Membership never has the right to (prematurely) cancel its Provider Membership and/or to request/receive and/or suspend (re)payments to AI.
- AI has no delivery effort, result effort or other obligations towards the Provider Membership account.
- AI can unilaterally (prematurely) terminate the Provider Membership, if AI is of the opinion that the Provider Membership account does not comply with the (general) Terms, harms the (AI) norms and values, harms AI in any way and/ or for reasons of its own, all without any return of payment(s) / refund.
- Max. 1 entity and max. 1 login can be linked to a Provider Membership (it is possible on request to increase the number of logins at an additional cost). AI can unilaterally (interim) - add and/or change and/or delete the (number of) entities and/or (number of) logins.
- Validity of a Provider Membership concerns the duration of the agreed period (1 period is 1 year) with a minimum of 3 periods (3 years), commencing after account registration.
- AI is completely free to publish and use the results of the Provider Membership (publicly).
- AI is, in the broadest sense of the word, in no way liable for the use of a Provider Membership account, keeping it online, storing Data, etc. of and on AI, any (re)payments to Provider Membership holders and/or third parties and their (interim) termination.
- The Provider Membership participant of AI platform is not allowed to resell, sell, duplicate, share, copy or otherwise use, share, etc. any kind of the data, assessments, tools, services, etc. used from/on the AI database and platform, either directly, either indirectly, for their own purposes or those of/to third parties, internally, etc. either for consideration, or for no consideration, or to participate in it of any kind.
- If the Provider Membership is allowed to present data, this must be done in accordance with the rules of AI, AI can change this and/or have it removed at any time.
- No rights can be derived from a Provider Membership (account), its features or otherwise.
- AI is, in the broadest sense of the word, in no way liable for the use, results, etc. of services of Third Parties / other Membership holders through the AI Platform.
The Provider Membership holder has also registered to receive audit requests (also through the AI platform) from Organizations and can issue audit quotations on this through this Provider Membership. The Provider Membership holder may only send quotations via the AI platform to these Organizations. If a quotation or otherwise leads to an assignment, AI may charge a fixed fee plus a fee of 13% of the total assignment value to the Provider Membership holder. The fees are subject to (interim) unilateral changes and are determined by AI.
The Provider Membership holder may only submit quotations for audit quotations that fall within its own (audit/certification) scope of its own entity, not those of other (affiliated) entities of the Provider Membership holder, as they must register themselves as Provider Membership and are accepted by AI.
Quotations, contracts, invoices, communication, etc. must run through the AI platform.
- Data license clause for data licensing partners of AI:
AI's data in the database can be licensed through signing a data partnership license with specifications determined in the separate data licensing agreement. If the data licensing agreement is signed this clause is applicable taking the following points into account:
1. The licensed data is solely used within the software environment of the data licensee.
2. The licensee does not have the rights to resell the data to other (third) parties.
3. The licencee is not able and not permitted to showcase or display the licensed data in another environment as agreed and stated in the data licence agreement.
ii. The AI Member Certificate is made available to demonstrate that you are actively improving your (AI) audit performance. With the certificate you show that you are part of our community. It is intended for marketing and promotional purposes and is expressly not to be used as a seal of approval without written permission from AI.
- iii. Create an account. You can create a AI account by signing up online for the Free Membership, the Basic Membership, the Standard Membership, the Premium Membership, the Provider Membership or for a Special Membership offer.
- iv. By signing up, you represent that you are of legal age under the standards of your country of residence, or have valid consent.
- v. The subscription costs for the Basic, Standard, Premium Memberships
are tiered, based on your no. users/entities. If your no. users/entities
increases or decreases, you must report this to the AI before the annual
subscription renewal. If it turns out afterwards that your no.
users/entities is lower than your actually generated no. users/entities,
you will receive an additional invoice with a AI to the previously invoiced
subscription price. You must then pay this additional invoice within three
working days, otherwise AI is entitled to suspend the Services. In the
event of a reduction in no. users/entities, no refund and/or reduction will
take place. If the Basic, Standard, Premium Membership has been concluded
for 3 years, the costs on an annual basis and are subject to (interim)
increases, never to reduction and/or refund. Not even if the Basic,
Standard, Premium Membership holder has a reduction in no. users/entities.
The entire period of 3 years must be fulfilled by the Basic, Standard,
Premium Membership holder.
vi. You agree not to use false, inaccurate or misleading information when
registering for a AI account. In some cases, a third party may have
assigned you a AI account.
vii. If you received your AI account from a third party, that third party
may have additional rights in relation to your account, such as accessing
or deleting your AI account. Please read any additional Terms that the
third party has provided to you. AI bears no responsibility with regard to
these additional Terms. If you are creating a AI account on behalf of an
entity, for example your company or employer, you represent that you have
the legal authority to bind such entity to this
Terms. You cannot transfer your AI account to another user or entity. Keep
your account information and password secret to protect your account. You
are fully responsible for all activities that occur under your AI account.
viii. Use of the account. Your AI account will only remain active if you
use it and make the corresponding payments on time and in full. If this is
not met, your AI account will be considered inactive and will be closed by
us. See article 4c for the consequences of closing a AI account.
ix. You can close your AI account unilaterally. If this happens before the
end of the subscription period, you are not en- titled to a refund of the
subscription fee already paid for the remaining period, with a 1 or 3 year
subscription, the entire subscription period must be paid because the rates
are specifically based on the subscription period , unless otherwise
provided by law or in the context of a specific offer for the Service. If
we reasonably believe that your AI account is being used fraudulently or
unauthorized by a third party (for example, as a result of account breach),
AI may suspend your account until you can reclaim ownership of the account
. Depending on the nature of the infringement, we may be forced to block
ac- cess to all or part of the content or data uploaded, stored or shared.
If you experience any problems accessing your AI account, you can contact
the AI for support using the contact details provided on the website.
b. In addition to your cancellation right under the “Refund Policy” section
below (Section 9g), you may cancel specific Services or close your AI
account at any time for any reason. You can close your AI account by
sending a request to the AI using the contact details as included on the AI
website. When you ask us to close your AI account, we will suspend the
account for 60 days in case you change your mind. After the 60 day period,
your AI account will be closed. See article 4c below for a detailed
explanation of what happens when your AI account is closed. If you log in
again within this 60 day period, your AI account will be reactivated.
c. The moment your Services are canceled or your AI account is closed
(either by you or by us), the following will happen: First, your right to
use the Services and your license to use our Platform including any
software associated with the Services immediately. Second, we delete or
otherwise dissociate from you and your AI account the uploaded, stored or
shared content or data associated with your AI account (unless we are
legally obliged to keep it). As a result, you will no longer be able to
access the Services (or the content you have stored on the Services) that
require a AI account. Have a regular backup plan. Third, you may lose
access to information you have obtained or to the content or data uploaded,
stored or shared.
d. The Services require an internet connection. You may also need
additional equipment. You are solely responsible for the availability of
all necessary connections, subscriptions and/or equipment required for the
use of the Services and for paying the costs charged by the provider(s) of
your connections, subscriptions and equipment are charged. These charges
are in addition to any charges you pay us for the Services. These costs are
not reimbursed by us. Check with your provider(s) to determine if such
charges apply. If there is something important to report regarding the
Service you are using, we will send you such notices and information that
we are required by law to provide to you at the email address associated
with your AI account. Customer support for the Services works as follows:
if you notice any errors or otherwise have a complaint, please let us know.
The contact details for this are on our website.
5. USE OF THIRD PARTY APPS AND SERVICES.
Our Services may enable you to access products, Services, websites, links, content, materials or applications of third parties (companies or individuals other than AI) (“Third Party Apps and Services”) and submit them to to buy. The Third Party Apps and Services may also enable you to store the content or Data you upload, store or share with the publisher, provider or operator of the Third Party Apps and Services. The Third Party Apps and Services may present a privacy policy to you or ask you to accept additional terms of use before you can install or use the Third Party App or Service. Please read those additional Terms and Privacy Policy documents, if any, before acquiring or using any Third Party Apps or Services. Any additional Terms do not change these Terms in any way. AI does not license any intellectual property rights to you as part of Third Party Apps and Services. You agree to assume all risk and liability in connection with your use of these Third Party Apps and Services. You agree that AI is not responsible for any problems arising from its use. AI is not responsible for information provided by third parties. If and insofar as AI makes use of Services from third parties, it guarantees compliance with the legal provisions, such as those arising from the General Data Protection Regulation (GDPR). In some cases, AI will conclude a processor or processor agreement with you and AI will also do so with third parties insofar as they qualify as processors or processors.
6. AVAILABILITY OF SERVICES
a. The Services, Third Party Apps and Services, or any materials or
products offered through the Services may be unavailable from time to time,
may be offered on a limited basis, or may vary depending on your region or
equipment.
b. AI strives to keep the Services accessible at all times. However, all
online Services occasionally suffer from malfunctions and interruptions due
to, for example, force majeure or planned or unplanned maintenance. In the
event of a failure or disruption of the Service, you may not be able to
access the content or Data uploaded, stored or shared. In any case, we
recommend that you regularly back up any content or data that you upload,
store or share, whether you store it with the Services of AI or that you
store it with Apps and Services of Third Parties.
7. UPDATES TO THE SERVICES OR CHANGES TO THESE TERMS
a. We will give you as much notice as reasonably possible if we change
these Terms. We may, among other things, change these Terms if reasonably
necessary due to
(i) applicable law, including, but not limited to, a change in law;
(ii) any advice and/or court order based on applicable law;
(iii) the development of the Services;
(iv) technical reasons;
(v) operational requirements; or
(vi) changes to the Terms to the benefit of the user (vii) for serious
reasons.
We will notify you of the proposed change before it becomes effective,
either by email or other reasonable means. We will give you the opportunity
to cancel the Services at least 30 days before the change takes effect.
Your use of the Services after the changes have taken effect constitutes
your full acceptance of the new Terms. If you do not agree to the new
Terms, you must stop using the Services and close your AI account in
accordance with Section 4c. We will also expressly point this out to you at
the time we notify you of the proposed change to these Terms.
b. To use the AI platform, Windows 8 / macOS High Sierra 10.13 or higher
must be installed on your computer. To optimize our service and security,
older operating system versions are not supported. We automatically check
whether your operating system is suitable for our Services.
c. We are continuously improving the Services and may change the Services,
remove features from them, or stop providing access to Third Party Apps and
Services at any time, for example if our agreement with the third party no
longer allows us to make their material available if it is no longer
feasible for us to provide the Service, if technology has evolved, or if
customer feedback indicates that a change is necessary. We will notify you
in advance if a change to the Services would cause you to lose access to
Your Content. In the case of paid Services, we will also give you advance
notice of other material changes to the Services. Except to the extent
required by applicable law, we have no obligation to re-download or replace
any materials or applications previously purchased by you. If we completely
terminate a paid Service for no reason, we will refund the amounts paid by
you in proportion to the remainder of the Service to which you were
entitled before the termination.
8. SOFTWARE LICENSE
Software License. Software provided by us as part of the Services or used
by you to perform the Services is subject to these Terms and/or Third Party
Terms, unless a separate AI license agreement is entered into.
a. If you comply with these Terms, we grant the right to use our website,
AI platform and the software associated with it or therewith on a worldwide
basis for the agreed use during the term of your subscription. The software
or website that is part of the Services may contain program code from third
parties. Any third-party scripts or code linked to from the software or
from the website is licensed to you by the third parties who own such code,
not AI. Notices, if any, regarding third-party program code are included
for your information only.
b. The software is licensed, not sold, and AI reserves all rights in the
software not expressly granted by AI under these Terms. This license does
not give you the right, and you are not permitted, except as expressly
permitted by applicable law, to:
i. circumvent or bypass technological security measures related to the
software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, or reverse engineer any
software or other aspects of the Services contained in or accessible
through the Services, except and only to the extent expressly permitted by
applicable copyright law;
iii. separate components of the software or Services for use on different
devices;
iv. publish, copy, rent, lease, sell, export, import, distribute or lend
the software or Services unless expressly authorized by AI;
v. transfer the software, software licenses or rights to access or use the
Services;
vi. use the Services in an unauthorized manner that could interfere with
their use by others, or to access any service, data, ac- count, or network;
vii. enable access to the Services and/or allow any device authorized by AI
to be used by unauthorized third party or third party applications.
9. PAYMENT TERMS
If you purchase any Services, these payment terms apply to your purchase
and you agree to them.
a. Fees: If any portion of the Services is charged, you agree to pay such
fees. The price quoted for the Services is exclusive of sales tax unless
otherwise stated. An overview of the applicable rates or costs can be found
on our website. The rates included there are subject to change and subject
to any printing and typesetting errors. AI therefore reserves the right to
change the rates included there at any time. You are solely responsible for
the payment of such taxes and other charges. After we notify you that we
have not received timely, full payment from you, we may suspend or
terminate the Services if you do not immediately make full payment.
Suspension or termination of the Services for failure to pay may result in
loss of access to and use of your account and associated content.
b. Your billing account. When you sign up for a Service, you will be asked
to provide a payment method for paying the costs for the Service. AI makes
use of the payment services of so-called payment providers. By using the
Services of AI, you agree to make payments through such payment providers.
Their general Terms and Conditions expressly apply to the use of the
Services of such parties. You will find it on the site of the payment
provider of your choice. You may be asked to pay a fee if you choose
payment providers that charge extra costs. This will always be specifically
stated during the payment procedure. In addition, you agree that AI may use
updated account information regarding your selected payment method provided
by the relevant bank or payment network. You agree to keep your account and
the associated data accurate and complete and to o inform AI by email (for
contact details, see the website) in the event of changes so that we or
third parties engaged by us (payment providers) complete your transactions
and contact you as necessary in connection with your transactions. If you
instruct us to stop using your payment method and do not offer another
payment method upon notice from us to do so within an appropriate period of
time, we will have reasonable grounds to suspend or terminate or not
operate your paid Service. feed. Changes you make to your billing account
will not affect any charges we charged to your billing account before we
were reasonably able to process your billing account changes.
c. billing. By submitting a payment method to the AI (i) you represent that you are authorized to use the payment method specified and that you have provided all payment details truthfully and accurately; (ii) you authorize AI to charge you for the Services or available content through the payment method you provide; and (iii) authorize AI to charge you for paid functionality of the Services that you choose to sign up for or use while these Terms are in effect. As noted, we may charge you (a) upfront, (b) at the time of purchase, (c) shortly after purchase, or (d) on a recurring basis with subscription Services. We may charge you the maximum amount that you have approved and we will give you advance notice of changes in the amount periodically charged for subscription Services and, in the event of a price change, give you the opportunity cancel the Services be- fore the price change takes effect. We may charge you at once for more than one of the prior billing periods for amounts that have not previously been processed unless we are prohibited by mandatory law.
d. Automatic renewal. If auto-renewal is allowed in your country, your subscription will automatically renew at the end of the term. Before Services are renewed for a new term, we will send you an email reminder and notify you of any price changes in accordance with Section 9h. After we remind you that you have opted in to auto-renewal of the Services, we may automatically renew the Services at the end of the current term of service and charge you the then-current price for the renewal term, unless you have opted in cancel the Services as described below. We will also remind you that we will charge the fee for the renewal of the Services using your chosen payment method, whether already notified to us on the renewal date or provided later. We will also provide you with instructions on how to cancel the Services. You must cancel the Services before the renewal date to avoid being charged for the renewal.
e. Overview and errors. AI will send you an invoice by email that complies
with the legal requirements and with what has been agreed between you and
AI. You can view and print these. This is the only billing summary we
provide you. A VAT invoice may be made available depending on the Service
and the country. If we make a mistake on your invoice, we will correct it
as soon as possible after you notify us. It is recommended that you notify
us within 120 days of an apparent error first appearing on your invoice as
it is easier for us to resolve a problem during that time.
f. Refund Policy. After registering for a Basic and/or Standard and/or
Premium Membership, you are entitled to a cooling-off period (a “Cooling
Off Period”) of fourteen (14) days from the date of purchase, during which
you can cancel with or without reason, provided you have not yet registered
your account. activated. The Cooling Off Period ends when you activate the
Service. After that, no refunds can be made unless mandatory law provides
otherwise. When you purchase digital content from us, your right to cancel
expires once you start uploading or downloading. Unless otherwise provided
by law or in the context of a specific offer for the Service, all purchases
of the Services are irrevocable and no refunds will be made. If you believe
that AI has wrongly charged you, you should contact AI and we will
investigate the matter. If we offer a refund or a credit, we are under no
obligation to offer the same or a similar refund in the future. This refund
policy does not affect your rights under applicable law.
g. Cancel the Services. The Services are automatically renewed per year for
a period of one (1) year unless it concerns natural persons who do not act
in the exercise of a profession or business (Consumers as referred to in
the Civil Code) in which case the AI applies the legal rules for extension.
If three (3) years has been agreed, then after three (3) years the Services
are automatically renewed for a period of one (1) year. Termination of the
Services takes place by giving notice at the end of the current contract
term with three (3) months' notice. Please refer to the offer describing
the Services as (i) you may not receive a refund at the time of
cancellation; (ii) you may owe a cancellation fee; (iii) you may be
required to pay all fees charged in connection with the Services before the
date of cancellation; or (iv) you could lose access to and use of your
account if you cancel the Services. If you cancel your Services, your
Services will be terminated at the end of the current period of the Service
or, if we bill you on a periodic basis, at the end of the period in which
the cancellation occurred.
h. Price changes. If a fixed term and price applies to the Service offered,
then at least this price will remain in force during the term. Prices are
subject to (interim) changes / increases.
i. Payments to you. If we owe you a payment, you agree to provide us in a
timely manner with the accurate information we need to make that payment to
you. You are responsible for any taxes and fees that you may owe as a
result of this payment to you. If you receive a payment in error, we may
recover it. You must also comply with any other Terms that we attach to
your entitle- ment to payments. If you receive a payment in error, we may
reverse the payment or demand a refund. You hereby agree to grant your
association. We may also reduce payment to you without notice in connection
with advance overpayments.
j. Late payments. In the event of late payments, you must reimburse us for
our reasonable expenses incurred in recovering arre- ars, including
attorneys' fees and other court costs, subject to what is permitted by law.
We may suspend or terminate your Services if you fail to make payment in
full on time after we send you a reminder – warning you that the Services
will be suspended and/or terminated – to make your payment in an
appropriate time. You can avoid suspension or termination by making the
required payment within the period specified in the reminder. Suspension or
termination of the Services for failure to pay may re- sult in the loss of
access to your AI account.
k. If you use Services / features with direct delivery, you (automatically)
agree that you waive your right of withdrawal / Cooling off period. And you
understand and agree that you cannot cancel once it has been agreed upon.
If you use your/the Member- ship immediately after creating a AI
Membership, art. 9.K declared actually applicable.
l. In the event of (interim) cancellation/termination, regardless of which
party, no refund will be made.
11. INTELLECTUAL PROPERTY LAW
a. The intellectual property rights of AI, AI Platform, etc. on all
products, Services and data carriers (in whatever form, such as
-non-exhaustive– documents (in whatever form: book, correspondence,
drawing) ing, technical description, report, Agreement, schedule,
standards, calculation, model, image, design, tender, product
specification, attachment or otherwise), models, moulds, samples and all
possible carriers of computer files and computer programs and all possible
other documents in the broadest sense of the word) that have been made
available to the Client in the context of the Agreement or otherwise, will
remain with Global Sustainable Group BV and may not be used by the Client
other than in the context of the Agreement.
11. FORUM CHOICE AND LOCATION FOR DISPUTE RESOLUTION
Dutch law applies to the (creation and performance of the) Services. In the event of disputes, the Dutch court has jurisdiction to the exclusion of any other court, unless a mandatory provision provides otherwise. The right to designate the competent court lies with AI.
12. WARRANTIES
Warranties. Except in cases where we have intentionally concealed shortcomings or shortcomings have prevented the use of the Services, we provide the Services "as is", with "all shortcomings" and "as available" and subject to the terms herein. Terms are included. Thus, we do not warrant that the information contained in the Services is accurate or current at all times. You acknowledge that computer and telecommunications systems are not error-free and may occasionally experience periods of down- time. We also do not warrant that the Services will be uninterrupted, current, accurate or error-free. We and our affiliates, resellers, distributors, partners and suppliers make no implied warranties, but only express warranties that must be in writing.
13. LIMITATION OF LIABILITY
AI is not liable for the completeness, accuracy, scope and quality of any content uploaded, stored or shared by or on your behalf or any Data, material or material of any third party, including links to third party websites and activities performed by users. offered. Such content and activities are not attributable to AI and do not represent the views of AI.
AI only accepts liability for direct damage up to the amount of the AI Membership type that you have paid to AI on time and in full, with a maximum the amount of the ‘paid membership’ and with a maximum of EUR 10,000 (ten thousand euros) per calendar year. AI shall not be liable for indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption. AI shall not be responsible or liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond the reasonable control of AI (such as labor disputes, natural disasters, war or terrorist activity, vandalism, accident or compliance with applicable law or governmental orders). AI will try to minimize the consequences of these events as much as possible and fulfill the obligations that are not affected by the circumstances.
14. SERVICE-SPECIFIC TERMS
The Terms in articles 1 to 13 also apply to specific Services of the AI such as Data services or the delivery of workshops, courses and the like. This article contains any Service Specific Terms that apply in addition to the general Terms. If and to the extent provided by AI Data services, AI does not guarantee the completeness and correctness of the Data. This Data does not belong to AI but to third parties for whom AI bears no responsibility and over whom AI has no influence over the Data. AI does not guarantee that the use of the Data is suitable for the purpose intended by the customer of the Data. AI is therefore not liable for the delivery of the Data and the use of the Data by the customer. If a workshop, education, course or training is provided by or on behalf of AI, AI can always demand the payment due before the start thereof. The consequences of a cancellation of participation in a workshop, education, course or training will be governed by what the parties have agreed on in writing, or, failing that, governed by the following arrangement:
– 100% of the costs must be paid if and insofar as the cancellation is no
later than 21 calendar days before the day on which the workshop,
education, course, training would take place
is being done;
– 50% of the costs must be paid if and insofar as the cancellation is no
later than 30 calendar days before the day on which the workshop,
education, course, training would take place
is being done;
– 25% of the costs must be paid if and insofar as the cancellation is no
later than 42 calendar days before the day on which the workshop,
education, course, training would take place
is being done.
– Cancellation up to 42 calendar days before the day on which the workshop, education, course, training would take place can be done free of charge. Any cancellation must be made in writing, failing which no cancellation shall be deemed to have taken place. If, at the sole discretion of AI, the number of registrations gives cause to do so, it is entitled to combine the workshop, education, course, training with one or more other workshops, education, courses or training, or to do this at a later date or time. to take place. If and insofar as AI decides to do so, there is no right to a refund and/or reduction and/or reimbursement of workshop, education, course and training costs.
15. TERMS: THIRD PARTIES
As described in Section 5. May you use or access products, Services, websites, links, content, materials or applications of third parties (companies or persons other than AI) (“Apps and Services of Third Parties") and purchase them. By using it, you also agree to the Terms that apply to it. Whereby AI General Terms is preferred over the (general) Terms of Third Parties in the event of a conflict of interest.
16. OTHER TERMS
E-mails are deemed to have been received at the time of sending, unless proven otherwise. You are responsible for receiving your e-mails, any problems with your e-mail provider are not the responsibility of AI.
17. AMENDMENTS
The Contracting Party / Membership Holder agrees to these General Terms and (automatically) to any new and/or revised and/or amended and/or supplemented version that AI declares applicable.
18. UNILATERAL AMENDMENT CLAUSE
The Contracting Party / Membership Holder accept at all times that both AI, Audit Independer Services and Global Sustainable Group BV have a unilateral amendment right, also regarding the Agreement as the Terms and Conditions and SLA, and accept at all times the (unilateral) changes made by AI, Audit Independer Services and/or Global Sustainable Group BV.
19 . CONTRACT PARTY
The contracting party with which you enter into an Agreement, to which these General Terms have also been declared applicable, is: Audit Independer Services - part of Triple SC B.V. (Chamber of Commerce: 75293005), with office(s) in Rotterdam (Beursplein 37, 3011 AA), the Netherlands.
For completeness, we would like to point out once again that Audit
Independer Services. does not own or maintain any AI Intellectual Property
Rights (Standards, Platform(s), Database(s), etc.). The Intellectual
Property Rights of AI, Platform(s), Database(s), etc.) are entirely owned
by Global Sustainable Group BV in the Netherlands. Audit Independer
Services only acts as the sole contracting party between AI and the AI
Membership / account holders and Third Parties and NOT Global Sustainable
Group BV
20 . LANGUAGE SELECTION
If the agreement and/or terms & conditions are in a language other than Dutch, the Dutch versions / language of AI will prevail.