General terms and conditions
These terms and conditions apply to all customers who conclude a Preliminary Agreement or other contract with AppyBee LTD.
By signing the Preliminary Agreement, the customer declares that he has read and accepted these terms and conditions.
AppyBee LTD may change these terms and conditions and will inform the customer in a timely manner.
Article 1 - Definitions
Appy Bee
AppyBee LTD, provider of the AppyBee software and additional services.
services
The functionalities provided by AppyBee, including (but not limited to):
• Software for administration, member management and billing;
• Software for schedules, reservations and access;
• Software that allows Members to reserve lessons, activities or admission;
• Additional paid services, modules, and upgrades as listed on the AppyBee website.
Customer
Any natural or legal person who concludes a Preliminary Agreement or contract with AppyBee LTD.
Members
Consumers who use AppyBee through the Customer.
Preliminary agreement
The contract between the Customer and AppyBee LTD setting out specific agreements.
Transaction
takes place via a Payment Service Provider (PSP) contracted by the Customer in connection with the use of the Appybee software.
Article 2 - Customer Requirements
The Customer must at all times:
• comply with applicable safety, privacy and usage guidelines;
• provide accurate and complete information that AppyBee or a payment provider requires for verification;
• comply with all obligations under the Preliminary Agreement and these terms.
AppyBee LTD reserves the right to refuse a Customer or reject a request at any time without being obliged to provide a reason.
Article 3 - Use of AppyBee and subscriptions
The Customer can purchase a subscription or additional services under the following conditions:
• Members accept that AppyBee may display marketing and/or informational content in the software;
• A fee is due for each Transaction via AppyBee;
• All fees are collected from the end user by the Payment Service Provider (PSP) chosen by the customer by direct debit.
Upgrades & extra modules
It is possible to upgrade the package in the meantime and/or purchase additional modules.
Each upgrade is made for a minimum period of one (1) year.
Amounts already paid are non-refundable regardless of circumstances.
Price changes
AppyBee LTD may adjust fees and rates.
Changes will be announced in writing at least 30 days in advance.
It is not possible to terminate the agreement due to a price change.
Continued use after the effective date constitutes agreement to the new price.
AppyBee LTD may request that the customer pay outstanding subscription fees via the Payment Service Provider (PSP) used by the customer, in accordance with the terms of the relevant PSP.
Additional services
Additional modules, upgrades, and additional services can be purchased.
Current rates are available on the AppyBee website.
These prices can also be adjusted with an announcement period of 30 days.
Article 4 - Invoicing & payments
The subscription costs are collected by the Payment Service Provider (PSP) contracted by the customer by direct debit from the end user at the beginning of each month.
All transaction fees are deducted by the relevant Payment Service Provider (PSP) in accordance with the terms between the PSP and the Customer before payouts are made to the Customer.
Failed collections
When the collection fails:
• the Customer receives a payment link to still pay within the specified period;
• administration and collection costs of €19 are charged;
• AppyBee LTD reserves the right to suspend its services (including access to the platform and functionalities) in the event of outstanding payments, disputes, cancellations or cancellations, to ensure that sufficient funds remain available for any refunds or corrections
Deferred payment
If the Customer does not pay within the specified period, AppyBee LTD may:
• block or terminate the subscription immediately;
• prepare a final bill and charge all outstanding amounts (subscription, transaction costs, VAT and any additional costs).
Payments and third parties
• AppyBee is not a payment institution within the meaning of the Financial Supervision Act (Wft), not an escrow holder, a third-party account holder and no depositary of funds.
• AppyBee does not receive, manage, or store payments from end users, customers, or third parties.
• All payments and collections are made exclusively through independent Payment Service Providers (PSPs) with which the customer enters into an agreement.
• The PSP in question acts independently and outside the responsibility or supervision of AppyBee.
• AppyBee has no actual or legal control over funds processed by PSPs and cannot initiate, block, or reverse payments.
Fees
AppyBee's fees are due and payable at the time that the relevant service is provided by AppyBee, regardless of the time of collection or disbursement by a PSP and regardless of bankruptcy, suspension of payment, or other insolvency of the customer.
No mandate or representation
AppyBee does not act as an agent, agent, or representative of the customer, nor towards end users, nor with Payment Service Providers or other third parties.
Nothing in these terms and conditions or in AppyBee's services can be interpreted as creating a fiduciary relationship or payment obligation on behalf of the customer.
Customer Bankruptcy
In the event of bankruptcy, suspension of payment or restructuring of the customer, the customer expressly acknowledges that AppyBee has no estate assets.
In that case, AppyBee has no obligation to issue, reimburse or cooperate with a curator, administrator or other insolvency officer, except for an irrevocable court order.
Settlement
AppyBee is entitled to set off its claims against any (alleged) claim of the customer, regardless of its legal basis and regardless of the customer's bankruptcy or suspension of payment.
Article 5 - Liability
AppyBee LTD is only liable for damage that is directly the result of a shortcoming in the fulfillment of its obligations, up to the maximum amount that its insurer pays for that damage.
AppyBee LTD is not liable for damage suffered by Customer Members.
The Customer fully indemnifies AppyBee against all claims by Members or third parties arising from the use of AppyBee or the Customer's services.
Article 6 - Termination of the agreement
The agreement is entered into for a initial duration of one (1) year.
After this period, the agreement will be renewed automatically per month and can be terminated by e-mail at any time with a notice period of one (1) calendar month.
AppyBee LTD reserves the right to terminate the agreement or suspend obligations with immediate effect if the Customer fails to fulfill its obligations and does not restore it within five (5) business days of notification.
Immediate termination is also possible when:
• bankruptcy, debt restructuring or suspension of payments has been requested or pronounced;
• the Customer no longer meets the conditions or payment obligations.
Damage resulting from termination as a result of the Customer's actions is entirely borne by the Customer.
Article 7 - Applicable law
These general terms and conditions and the Preliminary Agreement are exclusively governed by Dutch law.