General Terms and Conditions
These terms and conditions apply to all clients who enter into a Preliminary Agreement or other contract with AppyBee LTD.
By signing the Preliminary Agreement, the client declares that they have read and accept these terms.
AppyBee LTD may modify these terms and will notify the client in good time.
Article 1 – Definitions
AppyBee
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 invoicing;
• Software for schedules, bookings, and access;
• Software allowing Members to book classes, activities, or admission;
• Additional paid services, modules, and upgrades as stated on the AppyBee website.
Client
Any natural or legal person entering into a Preliminary Agreement or contract with AppyBee LTD.
Members
Consumers who use AppyBee through the Client.
Preliminary Agreement
The contract between the Client and AppyBee LTD in which specific agreements are set out.
Transaction
takes place via a Payment Service Provider (PSP) contracted by the Client in connection with the use of the AppyBee software.
Article 2 – Client Requirements
The Client must at all times:
• comply with applicable security, privacy, and usage guidelines;
• provide accurate and complete information required by AppyBee or a payment provider for verification purposes;
• comply with all obligations under the Preliminary Agreement and these terms.
AppyBee LTD reserves the right at all times to refuse a Client or reject an application, without being required to provide a reason.
Article 3 – Use of AppyBee and Subscriptions
The Client may purchase a subscription or additional services under the following conditions:
• Members accept that AppyBee may display marketing and/or informational content within the software;
• A fee is due for each Transaction via AppyBee;
• All fees are collected from the end user via direct debit by the Payment Service Provider (PSP) chosen by the customer.
Upgrades & extra modules
It is possible to upgrade the package in the interim and/or purchase add-on modules.
Each upgrade is entered into for a minimum term 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 acceptance of the new price.
AppyBee LTD may request the customer to settle outstanding subscription fees via the Payment Service Provider (PSP) used by the customer, in accordance with the terms of the relevant PSP.
Additional services
Add-on modules, upgrades and additional services can be purchased.
Current rates are available on the AppyBee website.
These prices can also be adjusted with a 30-day notice period.
Article 4 – Invoicing & payments
The subscription fees are collected from the end user at the beginning of each month via direct debit by the Payment Service Provider (PSP) contracted by the customer.
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 to the Customer take place.
Failed direct debits
If the direct debit fails:
• the Customer receives a payment link to complete payment within the specified period;
• administration and collection fees of €25 will be charged;
• AppyBee LTD is entitled to suspend its services (including access to the platform and features) in the event of outstanding payments, disputes, cancellations or chargebacks., to ensure that sufficient balance remains available for any refunds or corrections
Non-payment
If the Customer fails to pay within the specified period, AppyBee LTD may:
• immediately block or terminate the subscription;
• prepare a final settlement and charge all outstanding amounts (subscription, transaction fees, 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 agent, not a third-party funds account holder, and not a custodian of funds.
• AppyBee does not receive, manage or hold payments from end users, customers or third parties.
• All payments and collections take place exclusively via independent Payment Service Providers (PSPs) with which the customer enters into an agreement directly.
• The relevant PSP acts independently and outside the responsibility or supervision of AppyBee.
• AppyBee has no factual or legal control over funds processed by PSPs and cannot initiate, block or reverse payments.
Fees
AppyBee fees are due and payable at the time the relevant service is provided by AppyBee, regardless of the time of collection or payout by a PSP and regardless of bankruptcy, suspension of payments or other insolvency of the customer.
No agency or representation
AppyBee does not act as an attorney-in-fact, authorized representative, agent or representative of the customer, neither towards end users, nor towards Payment Service Providers or other third parties.
No provision in these terms or in the services of AppyBee can be construed as creating a fiduciary relationship or payment obligation on behalf of the customer.
Customer bankruptcy
In the event of bankruptcy, suspension of payments, or restructuring of the customer, the customer expressly acknowledges that AppyBee holds no estate assets.
In that case, AppyBee has no duty of surrender, refund, or cooperation towards a trustee, administrator, or other insolvency practitioner, except under an irrevocable court order.
Set-off
AppyBee is entitled to set off its claims against any (alleged) claim of the customer, regardless of the legal ground and regardless of the customer's bankruptcy or suspension of payments.
Article 5 – Liability
AppyBee LTD is exclusively liable for damage directly resulting from a failure to fulfill its obligations, up to a maximum of the amount paid out by its insurer for that damage.
AppyBee LTD is not liable for damages suffered by Members of the Customer.
The Customer fully indemnifies AppyBee against all claims from 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 an initial period of one (1) year.
After this period, the agreement is tacitly renewed on a monthly basis and can be terminated at any time by email with a notice period of one (1) calendar month.
Modifications and cancellations must be submitted before the end of a calendar month and will be processed on the first day of the following month, subject to one full calendar month notice period.
AppyBee LTD reserves the right to terminate the agreement with immediate effect or suspend obligations if the Customer fails to fulfill their obligations and does not remedy this within five (5) business days after notice.
Immediate termination is also possible when:
• bankruptcy, debt restructuring, or suspension of payments has been filed for or granted;
• the Customer no longer meets the conditions or payment obligations.
Damages resulting from termination caused by the Customer are entirely at the Customer's expense.
Article 7 – Applicable law
These general terms and conditions and the Pre-agreement are governed exclusively by Dutch law.