Terms of use

General Terms and Conditions NEXTdriver

NEXTdriver is a Service of SD-Insights BV

Definitions

Offer : an offer, in whatever form, from or on behalf of SD-Insights for the Service. The Offer contains a description of the Service, the fixed periodic costs, and the conditions under which it is offered;

General Terms and Conditions : these General Terms and Conditions NEXTdriver, which apply to the Offer, the Agreement and the (delivery and use of the) Service;

App : This is a smartphone app on which the Driver receives feedback and advice for improving their driving behavior. This App is part of the Service;

Driver : the drivers employed by the Customer;

FMS provider : Fleet Management Service provider - supplier of vehicle data to the Customer and which is used by NEXTdriver as input for coaching drivers on their driving behavior;

Usage costs : all fees that the Customer owes, arising from (use of) the Service, calculated according to the applicable Rate Overview;

Customer : the natural person or legal entity with whom SD-Insights BV concludes the Agreement;

Customer service : customer service for NEXTdriver, which can be reached via the email address info@sd-insights.eu;

Management report : This report for the Customer provides insight into the driving behavior of the Drivers (anonymously) in order to provide insight into the progress and the improvement potential. This Management Report is part of the Service;

Agreement : the agreement between SD-Insights and the Customer on the basis of which SD-Insights provides the Service and to which these General Terms and Conditions and any Additional Terms and Conditions and the applicable Rate Overview apply;

Personal data : any information regarding an identified or identifiable natural person;

Platform: the NEXTdriver data platform within which the data from the FMS providers are read, stored, processed and provided for the execution of the Service;

SD-Insights : SD-Insights BV Julianalaan 67A, 2628 BC Delft;

Service: the service whereby the drivers of the Customer are coached on their driving behavior. This service, called NEXTdriver, is offered by and is part of SD-Insights BV

Rate overview: an overview of rates and other one-off, variable or periodic fees with regard to the Service, which can be requested from Customer Service or can be viewed on the

Trial of Pilot : a temporary trial in which the Customer makes use of the Service, whether or not for a fee;

Website : the NEXTdriver website http://www.nextdriver.nl

2. General provisions

2.1 The General Terms and Conditions apply to the Agreement and (the delivery and use of) the Service, as well as to all (legal) acts that reasonably precede it.

2.2 In the event of a conflict between oral and written statements of SD-Insights, the written will prevail.

2.3 The General Terms and Conditions and the Rate Overview can be changed unilaterally by SD-Insights. Changes that are negative for the Client will be individually announced at least 1 month in advance. The changes will take effect 1 month after the announcement or on a (later) date stated in the announcement, all this with due observance of the mandatory provisions applicable at that time. If the Customer does not wish to accept the change with regard to the Service purchased by him, he can cancel the Agreement with regard to that Service in writing with effect from the date on which the change takes effect. The cancellation must be received by SD-Insights within 1 month after receipt by the Customer of the announcement. The current Rate Overview and the General Terms and Conditions are available on the Website.

2.4 If the Customer provides SD-Insights with data, in whatever form, the Customer guarantees the correctness of this data. SD-Insights is not obliged to verify the correctness of the information provided.

2.5 The Customer must inform SD-Insights in writing at least 14 days before the change of address takes effect. SD-Insights is never liable for damage resulting from the late or incorrect notification by the Customer of the change of address.

2.6 The Customer cannot, without the prior written consent of SD-Insights, transfer, transfer or otherwise make available to third parties its rights and obligations under the Agreement, including the use of the Service.

2.7 The Agreement is governed by Dutch law.

2.8 Any disputes related to or arising from the Agreement will be submitted exclusively to the competent court in The Hague for assessment.

3. Offer and formation of the Agreement

3.1 The Agreement with regard to the Service is concluded after SD-Insights has received a request or order from the Customer and this request or order has been accepted by SD-Insights.

4. Use of the Service

4.1 An account is created for the Customer for the Service in order to collect, process and provide the (vehicle) data to the Customer and the Drivers.

4.2 The Drivers each receive a personal login for the App. To this end, the Client must provide SD-Insights with the email addresses and telephone numbers of the relevant drivers.

4.3 Drivers must download and install the App themselves from the Google Play Store or App Store. After installation and login, the driver receives a weekly update of his / her driving behavior and the associated feedback and coaching advice.

4.4 The Client will receive a Management Report every 6 weeks.

4.5 SD-Insights is not responsible for the non-delivery of or loss of data by the FMS provider. If no data is supplied via the FMS provider, the Service will (temporarily) not be able to be used until the problem is resolved at the FMS provider. Furthermore, SD-Insights is not liable for loss of any kind, caused by SD-Insights acting on incorrect, incorrect and / or incomplete data provided by the FMS provider or the Customer.

4.6 When a driver leaves the Customer or when a vehicle is sold or bought, the Customer must notify SD-Insights at least 14 days in advance for the correct processing of the data for the Service.

4.7 All obligations for SD-Insights arising from the agreement are best efforts obligations and in accordance with the requirements of good workmanship.

4.8 SD-Insights has the right to have certain activities performed by third parties.

4.9 SD-Insights is entitled to temporarily block or close (access to) the Service or parts of the Service without prior notice, if this is deemed necessary for maintenance, viruses or any other threat. SD-Insights undertakes to limit the nuisance as much as possible and will inform the Customer in a timely manner.

4.10 SD-Insights may disclose information collected in relation to an individual employee directly to that person.

4.11 SD-Insights can provide access codes to grant access to (parts of) its system. These codes are personal and secret. The Client takes reasonable measures to prevent unauthorized persons from gaining knowledge of the access codes provided. The customer is responsible and liable for the use of the access codes provided.

4.12 The Customer is obliged to notify SD-Insights verbally and in writing of any unauthorized access to the Service.

4.13 If the Customer is culpable for unauthorized access, the Customer is obliged to pay for the actual cost of blocking and reactivating the Service and the actual cost of the unauthorized use of the Service.

5. Duration of the Agreement

5.1 Unless explicitly agreed otherwise, the Agreement is entered into for the minimum contract period stated in the Agreement. After the expiry of this minimum contract period, the Agreement will be converted by operation of law into an agreement for an indefinite period, unless the Customer has terminated the Agreement in writing with Customer Service before the expiry of the minimum contract period with due observance of a notice period of one month. The Customer can terminate an Agreement for an indefinite period of time with due observance of a notice period of one month.

5.2 SD-Insights is entitled to dissolve the Agreement without judicial intervention in the event:

(a) the fees charged to Customer for the Service are not paid;

(b) the Client does not comply with one or more obligations under the Agreement;

(c) of termination, revocation or amendment of the permits, whether or not of third parties, on the basis of which SD-Insights offers its Service;

(d) technical or economic circumstances necessitate this;

(e) the Client has provided SD-Insights with incorrect or incomplete information during or after the conclusion of the Agreement.

5.3 Dissolution is possible without prior notice of default in the case referred to under (e) of the previous paragraph, as well as if:

(a) compliance by the Customer is permanently impossible;

(b) the Client has been declared bankrupt, debt rescheduled or placed under guardianship, or a request to that effect has been filed.

5.4 In the event of dissolution and / or termination, the claims of the Customer against SD-Insights and the remaining credit will lapse, without the Customer being entitled to any form of refund or compensation. The Customer is liable for all damages, including, but not limited to, the periodic compensation (s) under the Agreement for the remainder of the minimum contract period.

6. Payment and Rates

6.1 The Customer owes Usage Costs for the Service it has purchased. The Usage Costs are billed on the basis of the applicable Rate Overview. The User Costs are payable from the first of the following month after the moment the Agreement is concluded, unless otherwise agreed. The User Costs are based on a number of Drivers determined in the Agreement. A so-called fair use policy applies to this, which means that this number may be slightly deviated from. When the number of Drivers using the Service is much higher than the number indicated in the Agreement, the customer will be notified at least 1 month in advance about the newly determined Usage Costs based on the actual number of Drivers using the Service. Service.

6.2 Complaints about the invoice must be reported to Customer Service within 10 days of receipt of the invoice. Submitting a complaint does not suspend the Client's payment obligation. SD-Insights only processes written suspension requests and this only for the part of the invoice that is disputed with reasons.

6.3 SD-Insights has the right to invoice the periodic part of the Usage Charges that the Customer owes under this Agreement, in advance and periodically. The Customer will pay the invoice within the period stated on the invoice.

6.4 After expiry of the payment term indicated on the invoice, the Customer is in default by operation of law without further notice of default. SD-Insights is entitled to charge 1% interest per month from the expiry of the payment term, as well as administration costs equal to € 15 per month and extrajudicial costs, equal to 15% (excluding VAT) of the outstanding amount, with a minimum of € 25. The Customer is also liable for all legal costs incurred by SD-Insights (including costs for legal assistance) in connection with the collection of overdue payments. From the moment the payment term has expired, SD-Insights also has the right to decommission the (Additional) Service to the Customer.

6.5 SD-Insights is entitled to (partly) transfer the rights and obligations arising from the Agreement related to the collection of overdue payments to a third party.

6.6 Costs incurred by SD-Insights are caused by actions that can reasonably be attributed to the Customer (such as waiting time) and are invoiced separately.

 

7. Processing of Personal Data

7.1 The privacy statement applies to the Agreement. This can be found at https://www.nextdriver.nl/

8. Liability of SD-Insights

8.1 SD-Insights is only liable within the limits of this article for any damage resulting from the formation or implementation of the Agreement.

8.2 Use of the Service and the app is at the expense and risk of the Customer. SD-Insights is never liable for damage as a result of or in connection with the use of the service or the app.

8.3 Any liability for indirect damage of the Customer, including immaterial damage, business damage and loss of profit is excluded. The other liability of SD-Insights as a result of a shortcoming in the fulfillment of the agreement or any other reason, including any shortcomings in the implementation of a warranty obligation agreed with the customer, is limited to direct damage to a maximum of 12 (twelve ) times the Usage Costs referred to in Article 6.

8.4 The Customer must notify SD-Insights in writing within 1 month after the occurrence of the damage could reasonably have been discovered. Damage that is not brought to the attention of SD-Insights within the term will not be reimbursed, unless the Client can demonstrate that a timely written response could not reasonably be expected from him.

8.5 The exclusions and limitations referred to in this article do not apply if the damage is the result of intent or gross negligence on the part of SD-Insights' management staff.

8.6 SD-Insights provides Service aimed at reducing fuel consumption, but makes no warranty as to the results of the use of the Service or the correctness of the data obtained with the Service.

8.7 The Customer indemnifies SD-Insights against all claims from third parties, including its drivers who use the app, with regard to damage (including fines imposed) as a result of or in connection with the use of the service or the app or any shortcoming in the performance of the agreement or any other reason and will compensate all damage and costs (including legal costs) that SD Insights suffers in connection with those claims.

8.8 SD-Insights is not responsible for damage to or malfunctioning of devices, systems or services of third parties.

9. Intellectual Property

9.1 All existing and future intellectual or industrial property (IP rights) rights in the Service, as well as analysis, designs, documentation, reports, quotations, etc., as well as preparatory materials, belong exclusively to SD-Insights or its licensors. Upon first request, the Client will take all actions necessary to transfer IP rights to SD-Insights as required by law.

9.2 SD-Insights offers the Customer a non-exclusive and non-transferable license for the duration of the Agreement to use the service as stated on the Agreement. Customer will notify SD-Insights if Customer wishes to increase the number of users at any time and Customer needs to enter into a separate license agreement.

9.3 The Customer is expressly not permitted to reproduce or disclose data, information obtained, etc., without the prior written consent of SD-Insights. The Client is not permitted to remove, change or add any notices regarding copyrights, trademarks, trade names or other IP rights or products, including notices regarding confidentiality and secrecy.

9.4 At any time, SD-Insights may take (technical) measures to protect or secure the Service. The Customer is not permitted to refuse, circumvent or avoid such measures.

Valid from 05-04-2019

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