Inschrijvingsplatform Terms of Use

00 Parties

These terms govern the use of the Inschrijvingsplatform (enrollment platform) as an online service (SaaS), for a monthly fee.

The Supplier: Extra Paar Handen UG (haftungsbeschränkt), trading as frederikdaneels.com, Bocks Allee 9, 32369 Rahden, Germany, registered at the Amtsgericht Bad Oeynhausen under HRB 16946, VAT number DE327907385, represented by Frederik Daneels.

The Client: the business that uses the Platform by accepting a proposal from the Supplier (the "Proposal").

Together "the Parties". The Agreement consists of the Proposal, these terms and three annexes: Annex 1 Service Level, Annex 2 Data Processing Agreement and Annex 3 Continuity Arrangement. The Proposal sets, among other things, the amounts, the start date and the number of websites. If the Proposal and these terms conflict, the Proposal prevails, except for the processing of personal data, where Annex 2 prevails. The Client's own general terms do not apply.

01 Definitions

• Platform: the Supplier's "Inschrijvingsplatform" software, available online: enrollment forms, management of courses and customers, payments, invoices, emails, feedback and the client portal.
• Client Data: all data that the Client or its participants enter into the Platform or that the Platform creates for the Client, including personal data, email texts and settings.
• Users: the people the Client gives access to the client portal, with the role of administrator or staff member.
• Integrations: third-party services that the Client uses with its own accounts and connects to the Platform, such as Mollie, Billit, Google (Gmail, Drive) and its own website.
• Availability, Outage, Maintenance: as described in Annex 1.

02 Subject

2.1 The Supplier makes the Platform available to the Client as an online service for the duration of the Agreement. The service includes hosting, security, nightly backups, monitoring, updates, maintenance and support as set out in Annex 1.

2.2 The Platform is delivered as it works on the start date, with the features described in the Proposal and in the documentation in the client portal. New features are not covered by the monthly fee; small adjustments are (article 6.3).

2.3 The Supplier has an obligation of means: it uses all reasonable means to make the Platform work well and securely, to the standard of a careful software supplier. No result, such as a minimum number of enrollments or revenue, is attached to the Agreement.

03 Access and use

3.1 The Client receives a non-exclusive, non-transferable right to use the Platform for its own training activities, for the number of websites in the Proposal, for the duration of the Agreement.

3.2 The Client appoints its own Users and their role. Administrators sign in with a second factor (passkey or authenticator app). Because sign-in works by email, the Client keeps access to its Users' mailboxes secure, and reports any suspected misuse to the Supplier immediately.

3.3 The Client does not use the Platform to send unlawful content or unsolicited advertising, to circumvent its security, or to copy or rebuild the software.

3.4 The Client manages its Integrations and its contracts with those third parties itself. The costs of Mollie, Billit, Google or its own website are borne by the Client.

04 Onboarding

4.1 The Supplier sets up the Platform for the Client as described in the Proposal, for example by taking over courses, prices, email texts, forms and integrations from the current way of working. The Client pays the setup fee in article 7 for this.

4.2 Before going live, the Client tests the Platform in the test environment and gives its approval in writing (email is sufficient). Going live counts as acceptance of the onboarding.

05 Support

5.1 The Client reports Outages and questions via the client portal (Tickets or Chat) or by email to [email protected]. Response times and priorities are set out in Annex 1.

5.2 Support is provided in Dutch or English.

06 Changes to the Platform

6.1 The Supplier may improve and adapt the Platform, among other things for security, legislation or changes at Integrations. A change does not reduce the agreed core features without the Client's consent.

6.2 Changes that noticeably alter how the Platform works for the Client are announced at least 14 days in advance, except urgent security updates.

6.3 Small adjustments at the Client's request, such as changing a text, a setting or an email, are included in the monthly fee. New features or larger changes are made on quotation, after written approval. Other work outside the monthly fee, such as help with a migration (article 16), is charged at the hourly rate in the Proposal, or on quotation if the Proposal states no hourly rate.

07 Price and payment

7.1 The Client pays:

7.2 The monthly fee is paid automatically. Other invoices are payable within 14 days, as is a monthly invoice whose automatic payment fails. Late payment carries the statutory interest for commercial transactions. After a written reminder and 30 days without payment, the Supplier may suspend access to the management environment. Enrollment forms, ongoing payments and the nightly copy of the Client Data keep working; Client Data is never deleted for non-payment without the procedure of article 16.

08 Price changes

8.1 The Supplier may change the monthly fee. It announces this by email at least 3 months in advance. The Client can, as always, cancel effective at the end of the current payment period (article 9.1).

09 Term and cancellation

9.1 The Agreement starts on the date the Client accepts the Proposal and runs per month, without a minimum term. The Client can cancel at any time in the client portal (Billing and payment) or by email. The automatic payment then stops from the next payment period, and the Platform remains available until the last day of the current payment period; after that, article 16 applies. A setup fee already paid is not refunded. The Supplier can cancel with a notice period of 2 months.

9.2 Either Party may terminate the Agreement with immediate effect if the other Party fails to perform a material obligation and does not remedy this within 30 days of a written notice of default, or in the event of bankruptcy or liquidation of the other Party.

10 Client Data

10.1 The Client Data is and remains the property of the Client. The Supplier uses it only to deliver the service, as set out in Annex 2.

10.2 The Client can always export its data itself via the copy in its own Google Drive (Annex 3): automatically every night, or immediately with the "Make a copy now" button in the client portal. That copy contains a readable Google Sheet and a full copy of the database. Participant lists can also be downloaded as CSV per course date. If the Client does not use Google Drive, the Supplier provides a full export (database dump and CSV) on request.

10.3 The Client is responsible for the accuracy and lawfulness of the data it enters, and for the content of its emails, forms and terms.

11 Intellectual property

11.1 The Platform, the source code, the design, the documentation and all improvements remain the property of the Supplier, even if they were made at the Client's request, unless agreed otherwise in writing. The Client only receives the right of use in article 3.

11.2 Content the Client creates itself (texts, logos, photos, form questions) remains the Client's. The Client grants the Supplier the right to use that content to the extent needed to deliver the service.

11.3 The Supplier may use the general knowledge and methods gained in this assignment for other clients, without using Client Data or confidential information of the Client.

12 Availability

12.1 The Supplier aims for an Availability of 99.5% per calendar month, measured and with the exceptions set out in Annex 1. The current and past record is shown on the public status page status.frederikdaneels.com.

12.2 If the Supplier misses that target in a month, the Client receives, on request, a discount on a following invoice according to the table in Annex 1. That discount is the only compensation for insufficient Availability; it does not affect the right to terminate the Agreement for a serious failure (article 9.2).

12.3 The Platform is not intended as the only place to store data the Client is legally required to keep (such as invoices). Invoices are also in Billit, payments in Mollie, and all Client Data is copied every night to the Client's own Drive.

13 Liability

13.1 The Supplier's total liability for all damage together, in a calendar year, is limited to the amount of the fees the Client paid in the 12 months before the event that caused the damage.

13.2 The Supplier is not liable for indirect damage, such as lost profit or revenue, missed enrollments, loss of customers or reputation, and the costs of a replacement service.

13.3 The Supplier is not liable for damage caused by: Integrations and other third-party services the Client uses (such as Mollie, Billit, Google or its own website), errors or settings of the Client or its Users, and incorrect Client Data.

13.4 The limitations in this article do not apply in case of intent or gross negligence of the Supplier, nor to damage to the life or physical integrity of persons.

13.5 The Client reports damage in writing within 6 months after it became aware or should have become aware of it.

14 Force majeure

14.1 Neither Party is liable for a failure caused by force majeure: an event beyond its reasonable control that it could not foresee or avoid, such as a large-scale outage at the hosting partner or of the internet, a cyberattack despite reasonable security, a natural disaster or a government measure.

14.2 The affected Party reports the force majeure as soon as possible and limits its consequences. If the force majeure lasts longer than 30 days, either Party may terminate the Agreement without compensation.

15 Continuity

15.1 The Supplier builds the Platform with common, open technology (JavaScript, SQLite database) and keeps technical documentation, so that another developer can take it over.

15.2 The Client has a full copy of its data in its own Drive every night, and can export everything at the end (Annex 3 and article 16). The source code remains with the Supplier.

16 End of the Agreement

16.1 After the end, the Client can still export its data for 30 days. On request, the Supplier provides a full export (database dump and CSV) within that period and helps with the migration at the hourly rate of article 6.3, free of charge if the Agreement ends because of a failure of the Supplier.

16.2 After that, the Supplier deletes the Client Data within 30 days, except for backups that disappear automatically after their 30-day retention period, and what the law requires it to keep. The copies in the Client's own Drive remain the Client's.

17 Final provisions

17.1 Confidentiality: the Parties keep confidential information of the other Party secret, also for up to 3 years after the end of the Agreement.

17.2 Transfer: the Supplier may transfer the Agreement to a successor who continues to operate the Platform, subject to prior notice; the Client may then cancel without notice period.

17.3 Changes to the Agreement only apply if both Parties accept them in writing. A new version of these terms applies to an existing Client only after its written approval. If a provision is invalid, the rest remains in force and the Parties replace it with a valid provision that comes as close as possible.

17.4 The Agreement is governed by Belgian law. The Parties first try to find a solution together; if that fails within 30 days, the courts of Ghent (Gent) have jurisdiction.

A1 Annex 1: Service level

Target: the enrollment form and the client portal are reachable and working 99.5% of the time per calendar month. That is at most about 3 hours and 40 minutes of Outage per month.

1. Measurement

• An external monitoring service, outside the Platform's hosting, checks the enrollment form, the client portal and the components on the status page every minute.
• There is an Outage when two consecutive checks of the form or the portal fail. The Outage lasts until the first successful check.
• Availability = (minutes in the month − minutes of Outage) / minutes in the month.

2. Not counted as Outage

• Announced maintenance: notified at least 48 hours in advance in the client portal and by email to the administrators, preferably between 22:00 and 06:00, at most 4 hours per month in total.
• Urgent security updates, kept as short as possible.
• Outages at Integrations and other third-party services the Client uses (Mollie, Billit, Google, its own website, the internet connection of the Client or the participant).
• Force majeure (article 14), and causes on the side of the Client or its Users.
• The test environment.

3. Discount for insufficient Availability

The Client requests the discount within 30 days after the end of the month; it is deducted from the next invoice. The discount never exceeds 50% of that month's monthly fee.

4. Priorities and response times

Working hours: working days (Monday to Friday) from 8:30 to 12:00 Belgian time, except Belgian public holidays. Monitoring reports Outages to the Supplier automatically, also outside working hours.

5. Backup and recovery

• Every night an encrypted backup of the full database at the hosting partner in the EU, kept for 30 days, plus point-in-time recovery to any moment in the last 30 days.
• Every night a copy of all Client Data in the Client's own Google Drive (Annex 3).
• Maximum data loss after a recovery: 24 hours (less in practice). Recovery target after a serious outage: within 1 working day.
• The Supplier tests restoring a backup at least twice a year.

6. Monitoring and communication

• The Platform is checked from outside every 5 minutes. Every night the Platform compares the payments at Mollie with its own data and catches up on missed notifications.
• An Outage is reported within 1 hour of detection in the client portal and by email to the administrators, with an update at every step and a short explanation afterwards for a critical Outage. The status page shows the live status per component.

A2 Annex 2: Data processing agreement

The Client is the controller of the personal data of its participants and Users; the Supplier is the processor within the meaning of article 28 GDPR.

1. What is processed

Special categories of personal data (such as health) are not needed for the Platform. If the Client nevertheless asks for them in its own form question (e.g. dietary requirements or allergies), it is itself responsible for the legal basis.

2. Obligations of the Supplier

• Processes only on documented instructions from the Client; the Agreement and the settings in the Platform count as instructions.
• Anyone with access to the data is bound to confidentiality. That is only Frederik Daneels.
• Appropriate security, including: encrypted connections, encrypted Integration keys, a second factor for administrators, roles per User, bot checks and limits on forms, encrypted nightly backups, a log of changes to Integrations.
• Assists the Client with data subject requests (access, rectification, erasure) and with a data protection impact assessment, as far as reasonable.
• Reports a personal data breach without undue delay and at the latest within 48 hours of discovery, with what is known.
• Deletes or returns the data at the end, as set out in article 16.
• Makes available the information needed to demonstrate compliance; an audit takes place after 30 days' notice, at the Client's expense, at most once a year, except after a breach.

3. Sub-processors

The Client gives general authorisation for the sub-processors below. The Supplier announces a new or replacement sub-processor 30 days in advance; the Client can object on reasonable grounds and, if no solution is found, cancel the Agreement free of charge.

Short notifications to the Supplier via Telegram (errors and new chat messages) and push messages on its phone contain no personal data: only a title without names or email addresses, an internal sequence number and a link to the portal. The content is only in the client portal and in the email to the Supplier.

Not sub-processors of the Supplier, but services the Client uses and connects under its own contracts: Mollie (payments), Billit (invoices, Peppol) and Google (Gmail, Drive). For those processing activities the Client concludes its own agreement with those parties.

4. Transfers outside the EEA

Personal data is stored in the EU. A transfer to a country outside the EEA only takes place with an appropriate safeguard (adequacy decision, EU-US Data Privacy Framework or standard contractual clauses).

A3 Annex 3: Continuity arrangement

The Client always keeps its data in its own hands, even if the Platform or the Supplier drops out. The source code remains with the Supplier and is not part of the Agreement.

1. Data: every night in the Client's own Drive

As soon as the Client connects its Google Drive (Connections › Google Drive), the Platform puts the following every night in the folder "Klantenportaal frederikdaneels back-up":

• a Google Sheet to read: customers, enrollments, payments, invoices, courses and dates, discount codes, feedback, sent emails;
• a full copy of the Client's database (.sql.gz, a standard SQLite dump), kept for 30 days;
• a README explaining how to restore the database.

The copy contains no Integration keys. At Google, the Platform only gets access to the files it creates itself.

2. Leaving the Platform

At the end of the Agreement, for whatever reason, article 16 applies: a full export within 30 days (database dump and CSV) and help with the migration at the hourly rate. With the copy in its own Drive and the README, another supplier can take over the data. The source code is not part of the migration, unless the Parties agree a takeover separately.

· Contact

Frederik Daneels, Extra Paar Handen UG
Email: [email protected]
Inschrijvingsplatform · Privacy Policy · Impressum · Nederlandse versie