- In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise or the context indicates otherwise:
- Qooqie: the user of these general terms and conditions: Qooqie located at Goudsesingel 8 H in Rotterdam, registered at the Chamber of Commerce under Chamber of Commerce number 24431378;
- customer: the company that enters into an agreement with Qooqie;
- agreement: the agreement between Qooqie and the customer;
- dashboard: the online platform that Qooqie makes available to the customer;
- service: the call tracking service that Qooqie provides to the customer under the agreement;
- telephone number: the telephone number connected by Qooqie that is linked to an advertising channel of the customer and that is forwarded to the business telephone number of the customer;
- script: the software that must be placed on the customer's website in order to use the service;
- website: the website www.qooqie.com that is managed by Qooqie and on which the services of Qooqie are offered;
- advertising channel: any online or offline advertisement to which the customer has linked the Qooqie service. The customer decides for himself which advertising channels he links the service to;
- session: the arrival of an internet visitor via a certain advertising channel on the website of the customer for which a Qooqie telephone number is displayed;
- data: all data that is collected that relates to the script;
- data subject: the natural person who calls the customer via a telephone number;
- partner: the company that mediated in the conclusion of the agreement between the customer a Qooqie or the company designated by Qooqie as the contact person for the customer
- These general terms and conditions apply to every offer and every agreement between Qooqie and the customer, to which Qooqie has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions.
- These general terms and conditions also apply to additional assignments and follow-up assignments from the customer.
- The applicability of any purchase or other conditions of the customer is explicitly rejected.
- If one or more provisions of these terms and conditions are invalid or should be declared void, the remaining provisions of these terms and conditions will remain fully applicable. In that case Qooqie has the right to substitute a provision that is not unreasonably onerous for the customer and that approximates the invalid provision as closely as possible.
- If Qooqie does not always demand strict compliance with these terms and conditions, this does not mean that these terms and conditions would not apply or that Qooqie would lose the right to comply with these terms and conditions in future, similar or similar cases. conditions.
- Qooqie has the right to change these terms and conditions and to declare the new terms and conditions applicable to the existing agreements. The customer is informed in writing or via e-mail of the amended general terms and conditions and of the date on which the new general terms and conditions take effect.
- Qooqie's offer is without obligation.
- Obvious mistakes or errors, such as writing, typing, or typing errors on the website do not bind Qooqie.
Realization of the agreement
- The agreement is established after the registration process through the website has been successfully completed.
- The agreement can only be concluded via the website after the customer has clicked that he agrees with these terms and conditions.
- After the conclusion of the agreement, no confirmation is sent to the customer
Duration and cancellation of the agreement
- The agreement is entered into for an indefinite period.
- The customer can cancel the agreement at any time. Cancellation must be made in writing, via e-mail or via the dashboard and with due observance of a cancellation period of 1 month.
Consequences end of the agreement
- After the agreement has been terminated, the customer can no longer use the script and the service. The dashboard is made available to the customer for a period of 3 months so that the customer can make a copy of the data.
implementation of the agreement
- The content of the various services that Qooqie offers is clearly described on the website.
- Qooqie will execute the agreement to the best of its knowledge and ability.
- Qooqie has the right to have certain work done by third parties.
- Qooqie reserves the right to make changes and additions to the dashboard or service at any time, following the technical evolution of the dashboard or service. Qooqie guarantees an equivalent functionality and performance of the dashboard or service in the event of a changed specification.
- To be able to use the full service, the customer gives Qooqie permission to:
- make a link to and access the customer's Google API account;
- make aesthetic or functional changes to the customer's website to improve the operation of the service. This article does not apply if the customer purchases the smallest package from Qooqie.
- When delivering the service, Qooqie is dependent on the services of third parties, such as its telecom provider.
Obligations of the customer
- The customer ensures that all data that Qooqie indicates to be necessary or that the customer should reasonably understand to be necessary for the execution of the agreement, is provided to Qooqie in a timely manner.
- The customer is responsible for the accuracy, completeness and reliability of the information provided by him.
- The customer indemnifies Qooqie against any claims from third parties who suffer damage in connection with the implementation of the agreement and which is attributable to the customer.
- The customer is only permitted to use the service for his own organization. The customer is prohibited from commercially exploiting the service in any way.
- The customer himself is responsible for making public via an advertising channel images, text, video or audio files whose rights are held by third parties.
- The customer is responsible for the use and correct application in his organization of the dashboard and the service and for observing instructions and / or advice given by Qooqie.
- The customer is responsible for the correct placement of the script on his website and for the correct operation of the script on the connected advertising channel. If the customer cannot (partially) use the service because the customer has not placed the script correctly, then Qooqie can never be held responsible for this and the customer is not entitled to any form of compensation. If the client fails to place the script himself on his website, the client must inform Qooqie and Qooqie will place the script for the client on the website. The costs of this are charged to the customer. In addition, the customer must fully cooperate with Qooqie's maintenance of the script and Qooqie's support for the script.
- If the customer wishes to link the service to an offline advertising channel, then the customer must include a telephone number connected by Qooqie in this offline advertisement.
- The customer is responsible for his decisions, whether or not based on the data.
- The customer is responsible for the proper functioning of his equipment or for other technical facilities that must be used to access and use the dashboard and the service.
- By using the service, the customer will not violate the rights of third parties, will not behave improperly or in violation of good morals or public order and will not act in violation of legal provisions. If, in the opinion of Qooqie, the customer makes improper use of the service, then Qooqie is entitled to block the service with immediate effect, without Qooqie being obliged to pay any compensation. The customer will be notified of this in writing or via e-mail.
- If the customer finds a malfunction in the service, the customer must inform Qooqie as soon as possible.
- If the website of the customer undergoes a change and / or update, this may have consequences for the operation of the script. The customer is responsible for this. If the script does not function (properly) due to a change made to the website, Qooqie cannot be held liable for this. If the script no longer functions due to a change and / or update in the customer's website, the customer must inform Qooqie as soon as possible and Qooqie will, if possible, malfunction of the script remedy. The costs are for the account of the customer.
- If the customer has not, not timely or not fully complied with his obligations towards Qooqie or has acted unlawfully towards Qooqie, then Qooqie has the right to charge the customer for the costs and / or damages resulting from this and Qooqie has the right suspend service.
- The service is made available to the customer on the basis of fair use. If, in the opinion of Qooqie, the service is not used on the basis of fair use, then Qooqie has the right to charge the customer extra costs or to block access to the service. There is, among other things, no fair use if the customer:
- use the service structurally in a different way than the other users of the service;
- transfer his business telephone number to a call center;
- resell the service;
- excessive use or abuse of the service;
- use the service in violation of the law, good morals, public order, which befits society, or the rights of third parties;
- makes an unusually long phone call.
- The customer guarantees that the business telephone number to which the telephone numbers are forwarded belongs to his business.
- The customer is aware that by using the service in the advertising channels and on the website of the customer other telephone numbers can be seen than the business telephone number of the customer.
- After the agreement, the telephone numbers will be placed in quarantine for 6 months.
- The customer can inform Qooqie for 6 months after the end of the agreement that he wishes to port the telephone numbers. For the porting, a lump sum payment, equal to the connection costs of the telephone numbers, is charged to the customer. The amount of the lump sum payment is & euro; 25.00 per telephone number.
- If the customer does not make use of the possibility to port the telephone numbers, the telephone numbers will be offered on the free market again after the quarantine period.
- Qooqie can never be held liable for the way in which third parties use the telephone numbers.
- The customer is responsible for the choice to use the voice recording service of Qooqie. Qooqie can never be held liable for the use of this service in view of the client's professional group that is contrary to legislation and regulations or to society.
- Before Qooqie provides the voice recording service to the customer, the customer who is in a professional group to which the professional secrecy applies, such as, but certainly not limited to, doctors, lawyers, notaries, accountants, psychologists and interpreters, must inform Qooqie in writing. that the customer is allowed to record incoming telephone calls.
- The customer must at all times check whether he is allowed to record incoming telephone calls.
- The customer is only permitted to use the recorded telephone call within his own organization. Recorded telephone conversations may not be published.
- At the start of an incoming telephone conversation, a text is first played for the person concerned, in which the person concerned is informed that the conversation is being recorded.
- The customer is obliged to inform the employees who answer the incoming telephone calls that the calls are being recorded.
- The customer is obliged to process the recorded conversations in accordance with the applicable laws and regulations regarding privacy.
Data and privacy
- Qooqie processes the data based on customer instructions.
- The data may consist of: the advertising channel through which the telephone call came in, the identity of the person concerned, the duration of the telephone call, which keywords in a search engine were used by the person concerned to access the advertising channel, the content of the telephone call.
- The customer is entirely responsible for the data. The customer retains complete control over the data. Qooqie processes the data on behalf of the customer. The purpose of data processing, determined by the customer, is to analyze the effectiveness of his advertising channels. The data will not be processed further by Qooqie than for the purpose described in this article and will not be processed for its own purposes.
- The data may be incomplete and / or incorrect. Qooqie cannot be held liable for any damage suffered by the customer due to incomplete and / or incorrect data, including incorrect use of advertising budgets.
- It is possible that, for whatever reason, the script does not work. Qooqie cannot be held liable for the failure to collect data due to the script not functioning.
- The customer is obliged to act in accordance with all i.v.m. the data of applicable laws and regulations. Non-compliance by the customer of its obligations in connection with him / her. laws and regulations regarding privacy and data breaches can have significant consequences, such as fines. Qooqie can never be held liable for this.
- Qooqie fully cooperates with the customer in order to comply with legal and regulatory obligations, in particular with regard to the rights of data subjects, such as, but not limited to, a request for access, improvement, supplementation, removal or shielding data.
- Qooqie or anyone acting under the authority of Qooqie and having access to the data takes all necessary technical and organizational measures to protect the data for which the customer is responsible against loss or any other form of unlawful processing. The measures to be taken by Qooqie are partly aimed at preventing unnecessary collection and further processing of the data.
- The data is not provided by Qooqie to third parties.
- Qooqie will inform the customer as soon as possible when loss, damage, destruction or unintended processing of the data has taken place. Qooqie will also inform the customer about what measures he has taken / will take to prevent further loss, damage, destruction or unintended processing of the data. If the data breach has unfavorable consequences for the privacy of the data subjects, the data subjects must be informed of this. If there is a serious data breach, the customer is obliged to report this to the Dutch Data Protection Authority within 72 hours after he has been informed of the data breach and to act in accordance with the Data Loss Reporting Authority policy of the Dutch Data Protection Authority. Qooqie fully cooperates in adequately informing the data subjects, the Dutch Data Protection Authority and any other regulators or authorities in the context of the Data Obligation to Report.
- The data is processed by Qooqie during the agreement and for a period of 3 months after the agreement expires. After this period, the data is, at the choice of the customer, completely and irrevocably deleted or the customer is provided with a copy of the data.
- Qooqie will delete all data at the customer's first request.
- All persons who process data with the permission of Qooqie will treat the data confidentially.
- Upon request, Qooqie provides the customer with all the information necessary to check whether Qooqie fulfills its obligations arising from this article.
Change billing address or relocation
- If the customer moves or the customer's billing address changes, the customer must first communicate his new location address and / or new billing address to Qooqie in writing or via e-mail.
- The rates stated on the website are exclusive of VAT.
- The monthly fixed fee for the service depends on the service package that the customer purchases. The rates for the various packages are clearly stated on the website.
- Qooqie has the right to adjust its rates from time to time. The customer will be notified by e-mail at least 2 months prior to the entry into force of a rate change.
- The price for the service includes a certain number of sessions per month. If there are more sessions in a month than those included in the price, the fee per session will be charged as stated on the website, unless the parties have agreed a different session fee in writing or via email. These are the variable costs.
- The free trial period is 14 days. In this free trial period, no fixed compensation will be charged to the customer and the variable costs as described in Article 14.4 will be charged to the customer.
- If after the free trial period the customer does not enter into an agreement with Qooqie, the data will not be saved and the telephone numbers will not be quarantined.
- The customer is entitled to support. The support is provided by the partner.
- If the agreement was concluded through a partner, the support is provided by the partner. In such a case, the client should i.v.m. If you have questions about the agreement and / or the operation of the service, contact the partner and the partner is the contact person for the customer.
- If the agreement has been concluded without the intervention of a partner, Qooqie will appoint a partner who is the contact person of the client in connection with. the purchase of the service. The contact details of the partner are made known to the customer.
- If the client wants another partner to act as a point of contact, the client must inform Qooqie in writing or via e-mail.
- The customer must be extremely careful with – and is responsible for – his login details. If unauthorized third parties use the login details of the customer, then Qooqie cannot be held liable for this.
- If the customer finds that a third party makes unauthorized use of his login codes, the customer must immediately inform Qooqie thereof.
- If Qooqie receives login details from the customer, then Qooqie will handle these login details responsibly.
Invoicing and payment
- Invoicing of the fixed costs takes place monthly in advance and the variable costs take place monthly afterwards.
- Payment is made by direct debit or credit card. If the direct debit cannot be executed or is reversed or if the amount cannot be debited from the customer's credit card, then Qooqie will inform the customer and the customer must transfer the outstanding invoice amount to the bank account of Qooqie.
- If the payment period of 14 days is exceeded, the customer owes the statutory commercial interest from the date on which the sum due has become due and payable until the time of payment. In addition, all costs of collection, after the customer is in default, both judicial and extrajudicial, will be borne by the customer. The reimbursement for extrajudicial collection costs is set at 15% of the principal with a minimum of € 150.
- In the event of liquidation, bankruptcy or suspension of payment of the customer, the obligations of the customer will be immediately due and payable.
Liability, indemnification and prescription
- Qooqie cannot be held to compensate for any damage that is a direct or indirect consequence of:
- an event that is in fact beyond its control and therefore cannot be attributed to its actions, as described, among other things, in Article 25;
- any act or negligence on the part of the customer, his subordinates, or other persons employed by or on behalf of the customer.
- The customer is responsible under all circumstances for the accuracy and completeness of the data supplied by him. Qooqie is never liable for any damage that is (partly) caused by the information provided by the customer being incorrect and / or incomplete or by following the instructions given by the customer. The customer indemnifies Qooqie against all claims in this regard.
- Qooqie is not liable for any damage caused by incorrect or improper use of the dashboard or service or by use of the dashboard or service contrary to the instructions for use or technical specifications.
- The use of the service within the limits of legislation and regulations is the responsibility of the customer. If, by using the service, the customer acts contrary to laws and regulations, including his professional secrecy, then Qooqie can never be held liable for this and the customer indemnifies Qooqie against all claims in this regard. Any fine imposed on the client in connection with. the use of the service is entirely for the account of the customer.
- Qooqie is not liable for damage caused by hackers.
- Qooqie cannot be held liable for any acts and / or omissions of Google. If Google does not meet its obligations to the customer, the customer must address Google and not Qooqie.
- If due to an act and / or omission of Qooqie the online advertising service that the customer purchases from a third party is suspended, then Qooqie cannot be held liable for this.
- Qooqie is never liable for indirect damage, including consequential damage, lost profit, lost revenue, missed savings, reputation damage, imposed fines and damage due to business interruption.
- Qooqie does not guarantee that the dashboard or service will work without interruptions or errors. The customer acknowledges that access to and / or the operation of the dashboard or service can be interrupted for various reasons. Qooqie is not liable for any damage resulting from the temporary interruption and the incorrect functioning of the dashboard and / or service. However, Qooqie will endeavor to provide a complete continuity of the availability of the dashboard and the service and to repair the interruption (or have it repaired) within acceptable periods.
- If an incoming telephone call cannot be made due to a malfunction in the service, then Qooqie is not liable for the damage that the customer suffers as a result, such as lost sales. The use of the service is entirely at the risk of the customer.
- If the customer or a third party makes changes to the script placed on the customer's website, Qooqie excludes any liability with regard to the operation and any consequential damage.
- Qooqie is never liable for any damage of whatever nature suffered by the customer in connection with the (non) functioning of equipment, software or connections of the customer.
- If Qooqie should be liable for any damage, then the liability of Qooqie is limited to the amount paid by the insurer of Qooqie. If the insurer does not pay out in any case, the damage is not covered by the insurance or if Qooqie has not taken out insurance for the damage in question, then Qooqie's liability is limited to the compensation charged to the customer for the month in which the event that caused the damage occurred.
- The customer indemnifies Qooqie against claims that third parties bring against Qooqie with regard to incidents, acts or omissions, for which Qooqie is not liable pursuant to the foregoing. The customer is obliged to indemnify Qooqie on first request for all costs, damages and interest that might arise for Qooqie as a direct or indirect consequence of a claim against him as referred to in this paragraph.
- The customer is obliged to take measures to limit damage. Qooqie has the right to undo or limit the damage.
- All claims against Qooqie that have not been submitted to Qooqie in writing within 1 year after they arise, will lapse.
- Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this is communicated by the other party or if this results from the nature of the information.
- If, on the basis of a legal provision or a court ruling, Qooqie is obliged to provide confidential information to third parties designated by law or the competent court, and Qooqie cannot rely on a legally or recognized by the competent court in this regard or permitted right of change, then Qooqie is not obliged to pay compensation or compensation and the customer is not entitled to terminate the agreement on the basis of any damage caused as a result.
Opschorting en ontbinding
- Qooqie is authorized to suspend the fulfillment of the obligations or to dissolve the agreement through a written statement without judicial intervention, if:
- the customer does not or not fully comply with the obligations under the agreement;
- after the conclusion of the agreement, circumstances that have come to the knowledge of Qooqie give good reason to fear that the customer will not fulfill its obligations;
- payment has been granted to the customer;
- the customer is in a state of bankruptcy;
- a legal debt rescheduling arrangement is declared applicable to the client;
- the client's company is liquidated or terminated other than for the purpose of a takeover or merger of companies.
- Furthermore, Qooqie is authorized to dissolve the agreement or cause it to be dissolved if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be demanded by standards of reasonableness and fairness, or if circumstances arise otherwise that the unaltered maintenance of the agreement cannot reasonably be expected.
- If the agreement is dissolved, then the claims of Qooqie on the customer are immediately claimable. If Qooqie suspends compliance with its obligations, it will retain its claims under the law and agreement.
- Qooqie always retains the right to claim compensation.
- The copyright as well as all other intellectual property rights with regard to the script and the dashboard are held by Qooqie or its licensor.
- Qooqie grants the customer, to the extent necessary for the use of the service, a right to use the intellectual property rights based on the script and the dashboard during the agreement. The license only applies after the customer has met his financial obligations towards Qooqie. The customer is not permitted to grant sub-licenses to third parties for the use of the dashboard and script.
- The script and the dashboard are exclusively intended for use by the customer and may not be reproduced, made public or disclosed to third parties without the prior permission of Qooqie.
- The customer is not permitted to transfer the rights from the agreement to a third party without the express prior written permission of Qooqie.
- Qooqie is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to fault, and is not for the account of the law, legal act or generally accepted beliefs.
- Force majeure exists if, among other things, Qooqie is prevented from fulfilling its obligations under the agreement or the preparation thereof as a result of: internet disruption, disruption in e-mail traffic, disruption at Qooqie's telecom provider, virus infection or computer breach by third parties, power outage, weather conditions, natural disasters, traffic disruption, accidents, strikes, theft, fire, war, riots, terrorism, government measures, a defect in the customer's business and errors in software or (online) services of third parties.
- Force majeure is also understood to mean a non-attributable shortcoming of suppliers of Qooqie or of third parties that Qooqie has engaged in the performance of the agreement.
- Parties can suspend the obligations under the agreement during the period that the force majeure continues.
- Insofar as at the time of the occurrence of force majeure Qooqie has partly fulfilled its obligations under the agreement or will be able to fulfill it, and the part fulfilled or to be fulfilled will have independent value, Qooqie is entitled to the part already fulfilled or to be fulfilled to declare separately.
- In the event of a force majeure situation, Qooqie will inform the customer of this as soon as possible.
Applicable law and competent judges
- Dutch law applies to every agreement.
- All disputes regarding agreements between the customer and Qooqie are submitted to the competent court in the district where Qooqie is located.