Pluxbox Platform is available for Customers via the internet as “Software-as-a-Service”
either free or on a (paid) subscription basis (hereinafter called “the Service”).
Pluxbox provides the Service, subject to the terms and conditions of this agreement.
If Customer is acquiring a subscription to the Service from a unrelated third party
authorized
to sell such subscriptions (“Reseller”) under a separate agreement with Pluxbox
(“Reseller Agreement”), these Terms and Conditions Pluxbox apply in addition to any terms
and conditions related to the use of Customer of the Service pursuant to any agreement by
Customer and the Reseller. These Terms and Conditions contain the terms and conditions
that govern your access to and use of the Service.
The Service
The Customer is granted a time limited, non-exclusive, non-transferrable right to use the
Service.
In addition, Pluxbox will provide a hosting service for the Customer and provide access to
the latest version of the Service at any given time.
The Service is delivered as-is.
Pluxbox may, at its sole discretion make additions and/or changes in the Service.
Customer is only allowed to use the Service for its own company or organization and solely
for the use explicitly agreed upon.
Customer’s user rights for the Service are limited to the object code. Rights to the source
Code are not provided, unless explicitly agreed upon otherwise in writing.
Pluxbox hall ensure the provision of the Service. Pluxbox will on a best effort basis and
where influential by Pluxbox strive for an availability of the SaaS of 99%, measured over a
calendar year. The time for maintenance is not included.
Use of identification codes
Pluxbox will make Identification Codes (usernames, passwords, address codes and/or other
codes) solely available to Customer for the use of the Service. Customer will use these
Identification Codes with care. Customer will notify Pluxbox in the event of loss, theft
and/or other forms of unauthorized use, in order to enable parties to take the proper
actions.
Customer carries all responsibility, liability and costs related to the use of
Identification Codes used and/or distributed by Customer. In no event will Pluxbox be liable
for the misuse and/or unauthorized use of Identification Codes.
If there is a reasonable suspicion of misuse or unauthorized use of Identification Codes,
Pluxbox can provide Customer with instructions, which must be carried out.
If it is determined that misuse has been made of Identification Codes or if Customer ignores
instructions given, Customer will be immediately in default.
Use of Process-data
Pluxbox is entitled to use the (meta)data that is entered into the Service by Customer and
to make the metadata available to third parties. The metadata does not concern any personal
data or data traceable to Customer’s.
Maintenance
Pluxbox strives to inform Customer prior to the commencement of Maintenance with regard to
the Service, if Maintenance will lead to problems with regard to gaining access to or the
non-availability of central functions therein.
Data Centre
The Customer's data will be stored in Pluxbox's and / or Pluxbox partners’ network of data
centres on an undisclosed location.
Fair use
Customer will make use of Service and/or other facilities offered in a responsible manner.
It is prohibited to use Service and/or other facilities offered in a manner that will result
in:
a) damage in the system of Pluxbox and/or third parties
b) interference with its use.
It is not permitted to use Service and/or facilities offered for activities that are illegal
and/or in violation of these terms. The foregoing includes amongst others the following
activities:
a) violation of a third party’s rights or facilitating the violation of a third
party’s rights, such
as but not limited to intellectual property rights and privacy rights;
b) noncompliance to law and other applicable regulations;
c) spamming (unrequested distribution (or creating the possibility for third
parties) of advertisement and/or other messages);
d) storage/distribution of (child) pornography;
e) sexual intimidation, racial prejudice and/or the harassment of individuals in any
other manner;
f) distribution or making available to third parties in any other manner of obscene,
insulting and tormenting material and/or other material of similar nature;
g) threats;
h) storage and distribution of viruses, worms and/or other destructive activities;
i) unauthorized access (hacking) of accounts, systems and/or networks of third
parties
and/or Pluxbox and/or the performance or non-performance of any other act that
makes hacking possible.
Customer indemnifies and will keep Pluxbox free from any damage compensation regarding any
claim, accusation or court procedure from a third party with regard to the (content of) the
data traffic or the information originating from Customer.
Force majeure
The Pluxbox shall have no liability to the Customer under this agreement if it is prevented
from or delayed in performing its obligations under this agreement, or from carrying on its
business, by force majeure. Force majeure on the part of Pluxbox means, among others things:
acts, events, omissions or accidents beyond its reasonable control, including, without
limitation, failure of a utility service, transport or telecommunications network or the
internet.
Either of the parties shall have the right to rescind the contract in writing or by e-mail
if a situation of force majeure persists for more than 60 days. In such an event, that which
has already been performed by Pluxbox shall be paid by Customer on a proportional basis
without the parties owing each other anything else.
Limitations and Liability
Pluxbox will not be liable for any indirect damages, including, but not limited to, lost
profits or lost data, arising out of or in connection with the Service caused by incorrect
or incomplete information in the Service, lack of or insufficient functionality of the
Service, loss of data hosted by Pluxbox, unauthorized use of data hosted by Pluxbox or any
other circumstances connected to the Service that may bring financial loss, damages and/or
inconvenience upon the Customer or third parties even if Pluxbox has actual or constructive
knowledge of the possibility of such damages and regardless of whether such damages were
foreseeable
Pluxbox shall not be held responsible for the Customer’s direct or indirect losses incurred
by reasons of the Service not being available (partly or in its entirety) and reduced
response time, for technical or other causes.
Pluxbox shall not be responsible for any infringement of the copyright of a third party in
respect of information made available in or through the Service by the Customer.
Pluxbox undertakes no responsibility for, and disclaims all liability arising from, any
defects or failures in any communication lines, the internet or internet service provider,
the computer hardware or software of Customer or its authorized users, or any other service
or device used to access the Service. Customer acknowledges and agrees that Pluxbox is not
responsible for the Customer data and/or any third-party content, and Pluxbox shall not be
liable for any losses or damages resulting from reliance on any such information or data
under any circumstances.
Subject to the limitations set out in this clause the maximum aggregate liability of Pluxbox
under this agreement shall under no circumstances exceed the fee paid by Customer in a year
for use of the Service.
Prices
All prices mentioned exclude VAT and other levies imposed by the government. However, the
amounts invoiced will include applicable VAT and other levies possibly imposed by the
government.
Pluxbox may or suspend the provision of the Service if Customer fails to make payment of the
fees or if suspension is necessary for security reasons.
Paid fees will not be returned.
Applicable law and dispute resolution
The relation between Pluxbox and Customer is governed by Dutch law. If any dispute arises in
connection with this agreement (“Dispute”) that cannot be solved amicably, the Court of
Amsterdam will have exclusive jurisdiction to handle the case.
