Help je klant Holding BV ("help your customer") was founded by Ton Wesseling in 2008.
This is the company overview website for the event and publishing activities on digital analytics & conversion optimization owned by Help je klant Holding BV.
Connect with Ton Wesseling through his personal website to get more information about his CRO, experimentation and a/b-testing consultancy / speaking / workshop services.
For agency services on optimization and evidence-based growth please contact our daughter company Online Dialogue.
Visit the specific website for business contact with that organization or contact us through our main email address: email@example.com
Help je klant Holding B.V.
PO Box 26
3500 AA Utrecht
Registered at the Dutch Chamber of Commerce under 30251897 on January 9th, 2009.
Our general terms and conditions
Our in-person event terms and conditions
Our code of conduct
Our privacy statement
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Optimizers Community by Help je Klant holding BV
in-person Events – Terms and Conditions
These terms and conditions set out the rules for the registration and purchase of tickets for Optimizers Community events like (The Conference formerly known as) Conversion Hotel and the terms and conditions for the attendance at the events organized by Help je Klant Holding BV and its affiliates.
Agreement: means the agreement between You and HJKH regarding the online registration and purchasing of a pass for an In-person Event, including these terms and conditions;In-person Event: an In-person event organized by HJKH as mentioned on one of her website;Pass: the document that serves as an admission pass for an In-person Event, including electronic passes;Terms and Conditions: The general terms and conditions of HJKH In-person Events;HJKH: Help je Klant Holding BV, registered at the Dutch Chamber of Commerce under 30251897 on January 9th 2009, and its affiliated companies;VAT: Value Added Tax;Website: the HJKH websites, including – but not limited to – https://conversionhotel.com/ and any other website used by HJKH at any time;You: means every legal entity or natural person that enters into an agreement with HJKH by purchasing a Pass and/or registering for an In-person Event.
Terms and Conditions
1. Deviations from these Terms and Conditions shall only apply when agreed in writing between You and HJKH. The applicability of any of your purchasing or other general terms and conditions is expressly rejected, unless agreed otherwise by HJKH in writing. By purchasing a Pass or registering for an In-person Event You agree to comply with and be bound by these Terms and Conditions.
2. HJKH has provided You with these Terms and Conditions before concluding the Agreement. The Terms and Conditions can be consulted via the Website: https://helpjeklant.nl#inpersoneventterms
Conclusion of Agreement
3. By clicking the button “Checkout” or “Continue” or “Submit” on the Website You conclude an agreement with HJKH for the purchase of a Pass. Therefore it is necessary that You (i) have filled in all necessary fields on the order form and provide your name, email address and company name (ii) have accepted these Terms and Conditions.
Please inform us of any special access requirements at the time of the purchase of your Pass.
4. By submitting registration details, You agree to allow HJKH to contact You as required for the organisation and administration of the In-person Event. If HJKH cannot reach You and thus cannot verify the data entered by You on the order form, HJKH may cancel the reservation.
Number of Passes
5. HJKH preserves the right to limit the number of Passes You can buy or reserve for an In-person Event. The maximum number of Passes You can buy per In-person Event is determined by HJKH per In-person Event and will be published on the In-person Event page.
Payment Pass and registration fee
6. The prices for a Pass are listed on HJKH with and without local VAT or local taxes, if applicable. Payment must be done in Euros.
7. You must pay the registration fee prior to the start of the In-person Event at the venue. HJKH can ask for on the spot online payment in case no fees are received yet. There are no sales at the door of the venue.
8. When you register a Pass and choose the ‘pay later’ option, you’ll be obliged to pay the invoice within fifteen(15) days of the invoice date for any In-person Event;
9. HJKH has the right to cancel your Pass when You don’t meet the payment deadline.
Transfer and Refund policy
10. If You are unable to attend the In-person Event You are allowed to transfer your Pass to a third party. You can transfer Your Pass to a third party by contacting us through the email address on the in-person event website or the HJKH main website. HJKH will not refund your Pass if You are unable to attend.
11. Please note that the Passes purchased are for your own personal use or that of your business only and may not be resold or transferred for commercial gain under any circumstances. Where there has been any resale or attempted resale of any Passes for commercial gain (or any other breach of this term), HJKH reserves the right to cancel the relevant Passes with immediate effect and without refund.
12. You are allowed to cancel the purchase of a Pass within fourteen (14) days after purchase by contacting us through the email address on the in-person event website or the HJKH main website. Passes purchased within a thirty-five (35) days range from the In-person Event are non-refundable. Refunds are subject to a €50,- (fifty euro) processing fee.
Changes or cancellation of the in-person Events
13. In the case of an unexpected incident or force majeure, HJKH reserves the right to make changes to the date and time for all parts of the In-person Event. No refunds will be provided to You if the In-person Event is rescheduled.
14. In the case of an unexpected incident or force majeure, HJKH reserves the right to cancel a part of the sold In-person tickets. A full refund will be provided to You if your ticket is cancelled.
15. In the case of an unexpected incident or force majeure, HJKH reserves the right to cancel the In-person Event. A full refund will be provided to You if the In-person event is cancelled.
16. HJKH reserves the right to make changes to the In-person Event if there is a justified reason to do so, for example if an In-person Event speaker is prevented from participating. Please note that while In-person speakers and topics are confirmed at the time of publishing, circumstances beyond the control of HJKH may necessitate substitutions, alterations or cancellations of the In-person Event speakers and/or topics. As such, HJKH reserves the right to alter or modify the advertised In-person Event speakers and/or topics at any time without any liability to You whatsoever. No refunds will be provided to You if the In-Person Event is changed.
17. HJKH is not responsible for any expenditure, loss or damage of any kind incurred as a result of substitution, alteration, cancellation or postponement of an In-person Event.
18. HJKH maintains House Rules applicable to all attendees of an In-person Event, including You. These House Rules form an integral part of these Terms and Conditions. The House Rules can be accessed by clicking on the following link: https://helpjeklant.nl/#codeofconduct
19. HJKH preserves the right to refuse Your admission to the In-person Event for any behavior HJKH deems unacceptable, or if You breach the Code of Conduct or breach any of the Terms and Conditions.
20. If You are under the age of 21 You are not allowed to visit the In-person Event venue before, during or after an In-person Event, unless permission is provided by HJKH under the conditions set by HJKH.
21. The possession of a Pass or admission to an In-person Event does not grant you permission to use any intellectual property, including logo, website, trademark or any other proprietary right of HJKH or any third party, such as other guests or speakers at an In-person Event.
22. An In-person Event may be filmed and recorded by audio, visual, audio-visual or electronic means or photographed (including footage or photographs of individuals or groups of attendees), and You must inform the photographer(s) at the In-person Event if You do not wish to be included in any individual or group footage or photographs.
23. HJKH, and any third party licensed by HJKH, is permitted to use and distribute footage and photographs from an In-person Event, which may feature images of You, in any media (including social media) whether now known or hereafter to be invented throughout the world in perpetuity for the purposes of advertising, publicity, reporting and otherwise in relation to the exploitation of such recordings and photographs.
24. Notwithstanding any clause to the contrary, You shall not have any claim to compensation or benefits or any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of their name, image, picture, voice, or likeness in connection with such footage or photographs.
25. Without the express prior written permission of HJKH, You may not bring any audio or video recording devices (except for personal cell phones) into the In-person Event.
Event badge and app
26. For security reasons and to allow access to the In-person Event, You must wear your In-person Event badge throughout the In-person Event. If your In-person Event badge is lost, You will not be able to access the In-person Event anymore.
27. By creating an In-person Event app profile Your profile, consisting of your name, email address, job description and company name, could be visible and detectable in the In-person Event application and on the Website.
Attendance at an In-person Event and Liability
28. You are responsible for arranging an appropriate insurance cover in connection with your attendance at an In-person Event.
29. HJKH is solely liable towards You for direct damages caused by the willful misconduct or gross negligence on its part. HJKH’s overall liability never exceeds the total amount of the purchase price of the Pass for the In-person Event.
31. If any provision of these Terms and Conditions is null and void, the other provisions of these Terms and Conditions will remain in full effect.
32. Changes to the Terms and Conditions enter into force thirty (30) days from the day they are announced via the Website.
Governing law & disputes
33. The Agreements between You and HJKH, these Terms and Conditions, the Code of Conduct are exclusively governed by the law of the Netherlands.
34. Any dispute arising from the Agreement, these Terms and Conditions or the Code of Conduct will be submitted to the competent court in the Netherlands.
Date: May 6th, 2021.
Help je Klant Holding BV
CODE OF CONDUCT
Optimizers Community by Help je Klant holding BV is dedicated to providing a harassment-free experience for participants at all of our events, whether they are held in person or virtually. The Optimizers Community events are working conferences intended for professional networking and collaboration in the Optimizers Community. They exist to encourage the open exchange of ideas and expression and require an environment that recognizes the inherent worth of every person and group. While at Optimizers Community events, in-person or virtual, or related ancillary or social events, any participants, including speakers, attendees, volunteers, sponsors, exhibitors, booth staff and anyone else, should not engage in harassment in any form.
This Code of Conduct may be revised at any time by Help je Klant holding BV and the terms are non-negotiable. Your registration for or attendance at any Optimizers Community event, whether it’s held in person or virtually, indicates your agreement to abide by this policy and its terms.
All event participants, whether they are attending an in-person event or a virtual event, are expected to behave in accordance with professional standards, with both this Code of Conduct as well as their respective employer’s policies governing appropriate workplace behavior and applicable laws.
Harassment will not be tolerated in any form, whether in person or virtually, including, but not limited to, harassment based on gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age, religion or any other status protected by laws in which the conference or program is being held.
Harassment includes the use of abusive, offensive or degrading language, intimidation, stalking, harassing photography or recording, inappropriate physical contact, sexual imagery and unwelcome sexual advances or requests for sexual favors. Any report of harassment at one of our events, whether in person or virtual, will be addressed immediately. Participants asked to stop any harassing behavior are expected to comply immediately. Anyone who witnesses or is subjected to unacceptable behavior should notify a conference organizer at once.
Exhibitors should not use sexualized images, activities, or other material in their booths and must refrain from the use of sexualized clothing, uniforms, costumes, or otherwise creating a sexualized environment. Speakers should not use sexual language, images, or any language or images that would constitute harassment as defined above in their talks. Speakers should also use inclusive language and are recommended to take this online course designed to teach the viewer about inclusion, diversity, and unconscious bias.
Individuals who participate (or plan to participate) in Optimizers Community Conferences, whether its an in-person event or a virtual event, should conduct themselves at all times in a manner that comports with both the letter and spirit of this policy prohibiting harassment and abusive behavior, whether before, during or after the event. This includes statements made in social media postings, on-line publications, text messages, and all other forms of electronic communication.
CONSEQUENCES OF UNACCEPTABLE BEHAVIOR
If a participant engages in harassing behavior, whether in person or virtually, the conference organizers may take any action they deem appropriate depending on the circumstances, ranging from issuance of a warning to the offending individual to expulsion from the conference with no refund. Help je klant Holding BV reserves the right to exclude any participant found to be engaging in harassing behavior from participating in any further Optimizers Community events, trainings or other activities.
If a participant (or individual wishing to participate in an Optimizers Community event, in-person and/or virtual), through postings on social media or other online publications or another form of electronic communication, engages in conduct that violates this policy, whether before, during or after an Optimizers Community event, Help je klant Holding BV may take appropriate corrective action, which could include imposing a temporary or permanent ban on an individual’s participation in future Optimizers Community events.
WHAT TO DO IF YOU WITNESS OR ARE SUBJECT TO UNACCEPTABLE BEHAVIOR
If you are being harassed, notice that someone else is being harassed, or have any other concerns relating to harassment, please contact a member of the conference staff immediately. You are also encouraged to contact:
Owner, Help je klant Holding BV
Our staff has taken incident response training and responds to harassment reports quickly and thoroughly. As referenced above, if a participant engages in harassing behavior, whether in-person or virtually, the conference organizers may take any action they deem appropriate, ranging from issuance of a warning to the offending individual to expulsion from the conference with no refund, depending on the circumstances. Help je klant Holding BV reserves the right to exclude any participant found to be engaging in harassing behavior from participating in any further Optimizers Community events, trainings or other activities.
Conference staff will also provide support to victims, including, but not limited to:
Providing an EscortContacting Hotel/Venue Security or Local Law EnforcementBriefing Key Event Staff For Response/Victim AssistanceAnd otherwise assisting those experiencing harassment to ensure that they feel safe for the duration of the conference.
If you are planning to attend an upcoming event, whether in-person or virtually and have concerns regarding another individual who may be present, please contact Ton Wesseling at firstname.lastname@example.org. Precautions will be taken to ensure your comfort and safety, including, but not limited to providing an escort, prepping onsite event staff, keeping victim and harasser from attending the same talks/social events and providing onsite contact cell phone numbers for immediate contact.
Date: May 6th, 2021.
Help je Klant Holding BV
General terms and conditions
Article 1: DEFINITIONS
“Help je Klant Holding”: Help je Klant Holding BV in Utrecht, registered at the Chamber of Commerce in Utrecht under number 30251897.
“Customer”: the natural or legal entity with which Help je Klant Holding has entered into an agreement.
“General Terms and Conditions”: the Help je Klant Holding BV general terms and conditions
“Agreement”: the Agreement between Help je Klant Holding and Customer that is created with regard to the Service in the manner as specified in Article 3.
“Service”: the service to be provided by Help je Klant Holding
Article 2: APPPLICABILITY
1. These general terms and conditions are applicable to all the proposals and acceptances on the part of Help je Klant Holding and the Customer.
2. Insofar as other (general) terms and conditions are referred to in proposals or acceptances directed to Help je Klant Holding, Help je Klant Holding hereby explicitly rejects their applicability.
3. Deviations from these general terms and conditions are only possible insofar as such is explicitly indicated in writing by Help je Klant Holding prior to entering into Agreements.
4. In the event of cancellation of one or more of the Articles from these general terms and conditions, the other Articles remain in full force and effect.
Article 3: PROPOSALS AND AGREEMENTS
1. Each proposal issued by Help je Klant Holding, verbal as well as in writing, is entirely without any obligation. Written proposals are valid for the period of 14 days to be calculated from the date of the proposal, or as otherwise set out in the proposal.
2. Statement of sizes and/or weights, of images or drawings, of technical specifications, colour and type, quantity and composition, capacities and quality and the like in catalogues, brochures and/or in other ways, occurs as accurately as possible. These statements, however, are only binding insofar as such has been explicitly confirmed in writing by Help je Klant Holding.
3. The agreement is created at the moment that the unaltered acceptance by the Customer of the Help je Klant Holding proposal made to the Customer has been received by Help je Klant Holding, under the suspensive condition of approval by Help je Klant Holding.
4. When there is a different acceptance by the Customer of an Help je Klant Holding proposal made to the Customer, the agreement is first created at the moment that Help je Klant Holding explicitly communicates to the Customer in writing of its agreement with this different acceptance, everything undiminished as specified in the previous Article.
5. All of the prices stated by Help je Klant Holding are excluding VAT, unless explicitly indicated otherwise in writing.
6. In the event the Customer requests as such in writing, the content of the agreement after its creation can only be changed by written agreement of the parties. Insofar as the Customer’s requested changes are not minor, the costs for these will be considered as additional work by Help je Klant Holding and the agreement will be changed pursuant to that which has been indicated by Help je Klant Holding to the Customer.
7. The Customer is obligated to provide the cooperation to Help je Klant Holding that is necessary for the execution of the agreement.
8. To the extent that Help je Klant Holding’s staff will provide the Services from the Customer’s premises, the Customer, in the execution of the agreement, at its own expense, will make available to Help je Klant Holding all the necessary facilities such as, but not limited to, electrical power, light, telecommunications facilities and resources.
9. If, on the side of Help je Klant Holding, any delay in the delivery and/or execution of the agreement should arise that directly or indirectly results from the Customer not providing the required cooperation such as described in this Article, Help je Klant Holding will employ those legal actions that are necessary for the execution of the agreement and the corresponding costs as being damage on the side of Help je Klant Holding will be at the Customer’s expense.
10. Help je Klant Holding is entitled to engage additional people, including subordinates, at its own expense for the execution of the agreement (such additional people, including subordinates, being “Sub- Contractors”). Help je Klant Holding shall be solely responsible for ensuring compliance with this agreement and any failure by any Sub-Contractor to provide the Services or any part thereof in accordance with this agreement or otherwise to comply with the terms of this agreement shall be a breach of this agreement for which Help je Klant Holding is responsible and liable.
11. In the event parties have agreed to a phased execution of the agreement, where each phase must be approved individually by the Customer, Help je Klant Holding is entitled to suspend the execution of the next phase in the event the Customer has not provided approval for the completed phase and/or refuses approval.
12. The start date of the contract is the date set out in Statement of Work (the “Commencement Date”).
13. The duration of the agreement is 4 weeks from the Commencement Date, or if later, until the completion of the Services.
Article 4: CONFIDENTIALITY
1. Each party agrees to only use the other party’s Confidential Information for the purposes of performing its obligations under this Agreement or for the purposes of availing of or receiving the benefit of the Services.
2. The parties are obligated to do everything in order to prevent the Confidential Information of the other party from becoming known or being obtained by third parties. This is not applicable if the disclosing party demonstrates that specific information was already publicly known, other than through violation of this confidentiality obligation.
3. Parties are prohibited from mentioning in advertisements, advertising messages, or otherwise within the context of their marketing activities, the fact that a business relationship exists or existed between them, except with explicit prior written consent from the relevant party.
4. Violation of the previous paragraph results in a fine of € 5,000.00 (that is: five thousand Euros and null Euro cents), immediately due and payable by the violating party to the other party without further violation, for each violation, undiminished the right of parties to reclaim the full amount of damage they suffered from the violating party.
5. In the event of termination of the agreement for whatever reason, the provisions of this Article remain in full force and effect.
6. In this Article 4 “Confidential Information” means information belonging or relating to a party or a members of its group of companies, whether or not designated as confidential, including information concerning business and marketing plans, end users, customers, suppliers, terms of business, services, intellectual property (owned or licensed), financial results, contractual arrangements or other dealings, transactions and affairs, reports and/or recommendations.
Article 5: DELIVERY
1. The delivery time indicated by Help je Klant Holding becomes effective the moment that the agreement is created, in any case, the moment that the Customer has provided the information to Help je Klant Holding required for delivery and/or insofar as the Customer has satisfied its obligations when entering into the agreement.
2. The Customer will allow Help je Klant Holding a reasonable timeframe to satisfy its obligations upon violation of the agreed upon delivery time other than through force majeure. Help je Klant Holding is, in any event, after expiration of this reasonable timeframe, first in default in its delivery obligation.
3. In an event as described in Article 3 paragraph 11, the agreed upon delivery time will be extended by the duration of the failure to approve by the Customer, all insofar as the failure of this approval is not the immediate consequence of any shortcoming in the fulfilment on the side of Help je Klant Holding.
4. If on the side of Help je Klant Holding reasonable doubt arises regarding the fulfilment by the Customer of its obligations from the agreement, in particular, but not limited to its payment obligation, Help je Klant Holding is authorised to suspend the agreement without being in default of its obligations from the agreement.
Article 6: PAYMENT
1. Payment of invoices occurs by the Customer within 30 days after the invoice date indicated on the relevant invoice, unless Help je Klant Holding has explicitly indicated a different payment timeframe to the Customer in writing or the Customer disputes the invoice.
2. Payment of undisputed invoices by the Customer occurs without settlement, deduction, compensation and/or suspension on whatever basis, unless Help je Klant Holding has given the Customer explicit written consent for that purpose.
3. Upon failure by the Customer to pay the full invoice amount of undisputed invoices within the timeframe as described in paragraph 1 of this Article, the customer is in default of this payment without further notice of default. In the event the Customer is in default, the Customer owes to Help je Klant Holding a contractual interest of 1% per month over the outstanding invoice amount, in any case the legal interest over the outstanding invoice amount insofar as the legal interest should exceed the aforementioned contractual interest.
4. The payments made by the Customer first reduce the interest and costs due to Help je Klant Holding as a result of the aforementioned paragraph and then the longest outstanding invoice amounts.
5. Help je Klant Holding is not held to any performance as long as Customer is in default.
6. All the costs of recovery are at the Customer’s expense and are judicial or extrajudicial, the latter amounting to a percentage to be established according to the debt collection rate in force at that time by the Dutch Bar Association, nevertheless with a minimum of € 75.00.
7. Help je Klant Holding is entitled, within the context of the relevant mandatory legal provisions, to require advance payment prior to beginning the execution of the order.
8. All of the Help je Klant Holding claims on the Customer are immediately due and payable in the event the Customer is declared in the state of bankruptcy, requests provisional suspension of payment, legal debt restructuring is applied, or loses the authority over its capital or parts of it due to seizure, receivership or otherwise. The aforementioned circumstance applies, in any case, if Help je Klant Holding requests additional security from the Customer to fulfil its obligations and this security does not appear or appears insufficient.
9. The Help je Klant Holding rates are indexed annually in accordance with the CBS consumer price index (CPI).
Article 7: WARRANTIES
1. Help je Klant Holding warrants and represents that:
(a) all Services to be provided by Help je Klant Holding under this agreement shall be provided by appropriately experienced, qualified and trained personnel and such Services shall be rendered with all due skill, care and diligence;
(b) all Materials (as defined below) to be provided by Help je Klant Holding under this agreement shall be provided in accordance with the requirements of the relevant Proposal, and shall comply with any specifications set out in the relevant Proposal in all material respects;
(c) to the extent that Help je Klant Holding’s personnel have access to the Customer’s computer systems in performing the Services under this agreement, Help je Klant Holding shall not deliberately or negligently introduce any virus into those systems. Help je Klant Holding shall use recognized industry standard virus scanners (updated with the then-most current virus signatures and data sets) to scan all work product or software immediately prior to introducing it to any Customer computer system. If a virus is found to have been introduced into the Customer’s computer systems by Help je Klant Holding, it shall provide all reasonable assistance to the Customer in reducing the effects of the virus; and
(d) the Materials shall not infringe any third party intellectual property rights.
Article 8: RETENTION OF TITLE, INTELLECTUAL PROPERTY & KNOW HOW
1. All current and future intellectual property rights and rights related thereto that arise in materials provided by Help je Klant Holding to the Customer in connection with the Services (the "Materials”), will reside with Help je Klant Holding. Insofar as any formalities are connected with the acquisition of the aforementioned intellectual property rights, Help je Klant Holding will exclusively be entitled to execute the same.
2. The Customer guarantees that the materials, data, content and notifications etc. made available to him in the context of the execution of the assignment of Help je Klant Holding, do not infringe legal regulations nor protected third party rights nor in any other way are unjustified with respect to third parties, and Help je Klant Holding is indemnified against any claims involving third parties, not for direct or indirect consequences, both financial and otherwise, which arise from the use of materials, data, etc. by Help je Klant Holding.
3. Help je Klant Holding hereby grants the Customer a worldwide, sub-licensable, transferable, perpetual licence to use the Materials for its internal business purposes (which shall include use by the Customer for the internal business purposes of any member of its group of companies).
4. Help je Klant Holding shall indemnify the Customer against all damages, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any third party intellectual property rights in consequence of the supply of the Services (or any part thereof) by the Supplier under this agreement or the use or possession of the deliverables supplied hereunder, subject to the following:
(a) the Customer shall promptly notify Help je Klant Holding in writing of any alleged infringement of which he has notice;
(b) the Customer must make no admissions without Help je Klant Holding's prior written consent; and
(c) the Customer, at Help je Klant Holding's request and expense, shall allow Help je Klant Holding to conduct any negotiations or litigation and/or settle any claim. The Customer shall give Help je Klant Holding all reasonable assistance. The costs incurred or recovered in such negotiations or settled claim shall be for Help je Klant Holding's account.
Article 9: TERMINATION
1. This agreement may be terminated forthwith by either party on written notice if the other party is in material breach of the terms of the agreement and, in the event of a breach capable of being remedied, fails to remedy the breach within 14 days of receipt of notice in writing of such breach.
2. Either party may terminate this agreement forthwith on written notice if a receiver, examiner or administrator is appointed of the whole or any part of the other party’s assets or the other party is struck off the Register of Companies in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up the other party (unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of the party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement), or if anything analogous to the foregoing occurs in any jurisdiction.
Article 10: LIABILITY
1. Save in respect of (i) death or personal injury caused by negligence, (ii) breach of this agreement by virtue of fraud or wilful default, or (iii) breach of Article 4, each party’s liability for any claims under this agreement whether in contract, tort (including negligence) or otherwise, for any loss or damage, arising out of or in connection with this agreement or otherwise shall not exceed the greater of (i) the sums paid and payable by the Customer to Help je Klant Holding under this agreement, or (ii) €250,000.
2. In no event shall either party be liable for special, incidental, indirect or consequential damages including damages or costs incurred as a result of loss of time, loss of savings or loss of profits.
3. Help je Klant Holding cannot be held liable for any damages that may or may not arise directly or indirectly from the execution of the Contract by actions of the Customer, or by third parties and/or subordinates hired by the Customer.
Article 11: FORCE MAJEURE
1. The delivery time agreed between Help je Klant Holding and the Customer will be extended by the period in which Help je Klant Holding is unable to fulfil its obligations due to force majeure.
2. Force majeure on the part of Help je Klant Holding is applicable if Help je Klant Holding, after concluding the Contract, is unable to fulfil its obligations arising from this Contract or the preparation thereof as a consequence of war, danger of war, civil war, terrorism, riots, molestation, fire, water damage, floods, strikes, picketing, exclusion, import and export barriers, government measures, defective machinery, power cuts, all of the above both in operation at Help je Klant Holding as well as at third parties whom Help je Klant Holding has had to employ for the execution of the matters necessary for the Contract, both in storage and in transport, whether in-house or not, and further due to all other causes, not attributable to or in the sphere of risk of Help je Klant Holding.
3. If due to force majeure the delivery is delayed by more than one month, either party may terminate the agreement on written notice. In this case, Help je Klant Holding will be entitled to payment for the Services delivered to the Customer prior to the force majeure.
Article 12: DATA PROTECTION
1. Help je Klant Holding acknowledges that in providing the Services it may process personal data within the meaning of the Data Protection Acts 1988 and 2003 (the “DPA”) on behalf of the Customer. In such circumstances:
(a) Help je Klant Holding will only process personal data in accordance with the instructions of the Customer and solely as strictly necessary for the performance of its obligations under this agreement;
(b) Help je Klant Holding shall implement such technical and organisational security measures as are required to comply with the data security obligations under the DPA;
(c) the Customer (or its authorised representative(s)) shall be entitled, at reasonable times and on reasonable notice, to verify the technical and organisational security measures adopted by Help je Klant Holding to ensure that such measures comply with the data security obligations in the DPA;
(d) Help je Klant Holding shall notify the Customer immediately in the event of any data security breach, actual or suspected, and provide the Customer with such co- operation and assistance as may be required to mitigate against the effects of any such breach; and
(e) no personal data shall be transferred outside of the European Economic Area by Help je Klant Holding or any of its Sub-Contractors without the prior written consent of the Customer which consent may be subject to terms and conditions.
Article 13: DISPUTES
1. All disputes as might arise between the parties pursuant to this present contract or other agreements which may arise from it or from any other existing or future legal relationship such as for instance but not limited to any unlawful act, undue payment and/or unjust enrichment, will be resolved by the District Court of Utrecht, such subject to and insofar as such may be prevented by mandatory rules on jurisdiction.
2. All existing legal relationships, including pre-contractual legal relationships, between Help je Klant Holding and the Customer, will be subject to Dutch law.
3. A dispute will be considered to exist, as soon as one of the parties declares the same.
Help je Klant Holding BV
At HELP JE KLANT HOLDING BV we recognize the importance of protecting your personal information and are committed to processing it responsibly and in compliance with applicable data protection laws as stipulated in
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016.
This Statement discloses the information practices for HELP JE KLANT HOLDING BV's and our subsidiaries' websites, what type of information about our websites' users is gathered and tracked, and how the information is used, shared or otherwise processed offline. It also describes how cookies, web beacons and other technologies may be used.
Collection of Personal Information
You may choose to give us personal information directly in a variety of situations. For example, you may want to give us your name and contact information to communicate with you, to order a product, to process an order, to register for a service, to provide you with a subscription, or to do business with us if you are a supplier or a business partner. You may also provide your credit card details to buy something from us or may share a description of your education and work experience in connection with a job opening at HELP JE KLANT HOLDING BV for which you wish to be considered. If you tell us that you do not want us to use your information to make further contact with you beyond fulfilling your request, we will respect your wishes.
When you wish to receive information, download publications, enroll for a live or virtual event or request a trial, we may ask you to provide your name and business contact information, as well as other information in connection with your request. We use this information in connection with your request and to communicate with you. This information may, in most cases, also identify you when you visit our websites. We will retain your information for potential future interactions with you.
We may also ask you to register an HELP JE KLANT HOLDING BV-ID, in which case you need to provide us with your name, email address, country location and other information if needed for the purpose for which you are asked to register.
The HELP JE KLANT HOLDING BV-ID serves to uniquely identify you when you visit our websites, have a request or order or use a product or service. Registration with HELP JE KLANT HOLDING BV-ID may allow you to customize and control your privacy settings.
Certain HELP JE KLANT HOLDING BV products and services may require unique registration specifically for the purpose of providing these products or services. In such cases, registration details provided by you for a product or service will only be used for the specific purpose of providing you with that product or service.
We may also collect information relating to your use of our websites through the use of various technologies. For example, when you visit our websites we may log certain information that your browser sends us, such as your IP address (including information deriving from your IP address such as your geographic location), browser type, version and language, access time, duration of access, and referring website addresses; we may also collect information about the pages you view within our sites, the time you spent on each site and other actions you take while visiting our website.
In addition, we might use technologies that allow HELP JE KLANT HOLDING BV to collect certain information about the use of our products and services. For instance to determine whether you've opened an e-mail or clicked on a link contained in an e-mail. For details regarding the technologies we employ, see Cookies, Web Beacon and Other Technologies below.
Most information we collect about you comes from our direct interactions with you.
When we collect information that pertains to you indirectly through other sources, we ask the providers to confirm that the information was legally acquired by the third party and that we have the right to obtain it from them and use it.
When you register for an event we may collect additional information (online or offline) in relation to the event organization, and during an event, such as participation in sessions and survey results. Events may be recorded and group photos taken. We reserve the right to use photos for promotional use. When you provide us with your business contact information (such as by handing over a business card) we may use this to communicate with you.
The information that we collect, either directly or indirectly, may be combined to help us improve its overall accuracy and completeness, and to help us better tailor our interactions with you.
Use of Personal Information
The following paragraphs describe in more detail how HELP JE KLANT HOLDING BV may use your personal information.
Fulfilling your Transaction Request
If you request something from HELP JE KLANT HOLDING BV, for example, a product or service, a callback, or specific marketing materials, we will use the personal information you provide to fulfill your request. To help us do this, we may share information with others who are involved in fulfillment. We may also contact you as part of our customer satisfaction surveys or for market research purposes.
Personalizing your Experience on our Websites
We may use the personal information we collect about you to provide you with a personalized experience on our websites and of our services, such as providing you with content you may be interested in and making navigation on our sites easier. We also may use this information to improve our websites.
We may use your personal information to support products or services you have obtained from us, such as notifying you of a product update or fix. We may combine your information with information from other interactions with you to provide you with more valuable suggestions in relation to product support.
The personal information you provide to HELP JE KLANT HOLDING BV, as well as the personal information we have collected about you indirectly, may be used by HELP JE KLANT HOLDING BV for marketing purposes, i.e, to keep you informed about events, products, services and solutions that HELP JE KLANT HOLDING BV sells and which may complement an existing product portfolio. Before we do so, however, we will offer you the opportunity to choose whether or not to have your personal information used in this way. You may at any time choose not to receive marketing materials from us by following the unsubscribe instructions included in each e-mail you may receive, by indicating so when we call you, or by contacting us directly (please refer to "Privacy Questions and Access" below).
Some of our offerings or events may be co-branded or sponsored by HELP JE KLANT HOLDING BV and third parties, such as business partners and solution providers, that use, resell or complement HELP JE KLANT HOLDING BV products or services. Offerings and events that are co-branded clearly indicate when such partnership exists. If you sign up for these offerings or events, be aware that your information may also be collected by and shared with those third parties. We encourage you to familiarize yourself with those third-party privacy policies to gain an understanding of the manner in which they will handle information about you.
In connection with a job application or inquiry, whether advertised on an HELP JE KLANT HOLDING BV website or otherwise, you may provide us with information about yourself, such as a resume. We may use this information throughout HELP JE KLANT HOLDING BV in order to address your inquiry or consider you for employment purposes.
Use of Information in the Social Computing Environment
HELP JE KLANT HOLDING BV provides social computing tools on some of its websites to enable online sharing and collaboration among members who have registered to use them. These include forums, wikis, blogs and other social media platforms.
When downloading and using these applications or registering to use these social computing tools, you may be asked to provide certain personal information. Registration information will be subject to and protected in accordance with this Privacy Statement, except for the information that is automatically made available to other participants as part of your profile. These applications and tools may also include supplemental privacy statements with specific information about collection and handling practices. Read those supplemental statements to understand what the tools and applications may do.
Protect the Rights and Property of HELP JE KLANT HOLDING BV and Others
We may also use or share your personal information to protect the rights or property of HELP JE KLANT HOLDING BV, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected. In addition, we reserve the right to disclose your personal information as required by law, and when we believe that disclosure is necessary to protect our rights, or the rights of others, to comply with a judicial proceeding, court order, or legal process served on our websites.
Unless otherwise indicated, our websites, products and services are not intended for use by children under the age of 16.
HELP JE KLANT HOLDING BV will retain your personal information for as long as is required to fulfill the purposes for which the information is processed or for other valid reasons to retain your personal information (for example to comply with our legal obligations, resolve disputes, or enforce our agreements).
Your registration information will be retained for as long as your account or HELP JE KLANT HOLDING BV-ID is active or as needed to provide you services. If you wish to request that we no longer use your registration information to provide you services, contact us at email@example.com
Cookies, Web Beacon and Other Technologies
As mentioned above, we collect information from your visits to our websites and your use of our HELP JE KLANT HOLDING BV Cloud services and our software products to help us gather statistics about usage and effectiveness, personalize your experience, tailor our interactions with you, and improve our products and services. We do so through the use of various technologies, including scripts, tags, Local Shared Objects (Flash cookies), Local Storage (HTML5) beacons, and "cookies".
What are cookies and why are cookies used
A cookie is a piece of data that a website can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure website usage (such as number of visitors and duration of visit) and effectiveness (such as topics visitors are most interested in) and to allow for ease of navigation or use and, as such, are not associated with any personal information, they are also used at times to personalize a known visitor's experience of a website by being associated with profile information or user preferences. Over time this information provides valuable insight to help improve the user experience.
Cookies are typically categorized as "session" cookies or "persistent" cookies. Session cookies help you navigate through the website efficiently, keeping track of your progression from page to page so that you are not asked for information you have already provided during the current visit, or information needed to be able to complete a transaction. Session cookies are stored in temporary memory and erased when the web browser is closed. Persistent cookies on the other hand, store user preferences for current and successive visits. They are written on your device's hard disk, and are still valid when you restart your browser. We use persistent cookies, for example, to record your choice of language and country location.
When visiting our websites or online services, you may have the possibility to set your preferences regarding cookies and other similar technologies by using the options and tools made available to you by either your web browser or HELP JE KLANT HOLDING BV. If a cookie manager has been implemented by HELP JE KLANT HOLDING BV, it will be displayed at your first visit to our website. By clicking 'cookie preferences' at the footer of an HELP JE KLANT HOLDING BV website you can choose and change at any time which types of cookies you would like our websites and HELP JE KLANT HOLDING BV Cloud services to use. You can indicate your preference for required, required and functional or required, functional and personalization cookies. Here you can also find more information on the types of cookies used. Using the cookie preferences does not result in deletion of cookies that are already on your device. You can delete cookies already on your device via the settings of your web browser.
While automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser. Look under the heading "Tools" (or similar heading) in your particular browser for information about controlling cookies. In most instances you can set your browser to notify you before you receive a cookie, giving you the option to decide whether to accept it or not. You can also generally set your browser to turn off cookies. Cookies in our software products can be turned off in the product itself. Since cookies allow you to take advantage of some of our websites' features or features of our software products and HELP JE KLANT HOLDING BV services, we recommend that you leave them turned on. If you block, turn off or otherwise reject our cookies, some web pages may not display properly or you will not be able to, for instance, add items to your shopping cart, proceed to checkout, or use any website or HELP JE KLANT HOLDING BV Cloud services that require you to sign in.
Web beacons or other technologies
Some HELP JE KLANT HOLDING BV websites, HELP JE KLANT HOLDING BV Cloud services and software products may also use web beacons or other technologies to better tailor those sites to provide better customer service. These technologies may be in use on a number of pages across HELP JE KLANT HOLDING BV's websites. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our suppliers.
These web beacons usually work in conjunction with cookies. If you don't want your cookie information to be associated with your visits to these pages or use of these products, you can set your browser to turn off cookies or turn off cookies in the product itself, respectively. If you turn off cookies, web beacon and other technologies will still detect visits to these pages; however, they will not be associated with information otherwise stored in cookies.
We use Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display HELP JE KLANT HOLDING BV advertising on others' websites based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here .
We may also include web beacons in marketing e-mail messages or our newsletters in order to determine whether messages have been opened and links contained within clicked on.
In addition, third-party social media buttons may log certain information such as your IP address, browser type and language, access time, and referring website addresses, and, if you are logged in to those social media sites, they may also link such collected information with your profile information on that site. We do not control these third party tracking technologies.
HELP JE KLANT HOLDING BV does not deliver third party online advertisements on our web sites but we advertise our products and services on others' websites. Please familiarize yourself with those website operators' or network advertisers' privacy policies to understand their practices relating to advertising, including what type of information they may collect about your Internet usage.
Links to Non-HELP JE KLANT HOLDING BV Websites and Third-Party Applications
To allow you to interact with other websites on which you may have accounts (such as Facebook and other social media sites) or join communities on such sites, we may provide links or embed third-party applications that allow you to login, post content or join communities from our websites. We may also provide you with general links to non-HELP JE KLANT HOLDING BV websites.
Your use of these links and applications is subject to the third parties' privacy policies, and you should become familiar with the third-party sites' privacy policies before using the links or applications. HELP JE KLANT HOLDING BV is not responsible for the privacy practices or the content of those other websites.
Notification of Changes
If we make any material changes to this Privacy Statement, we will notify you via notification on our website, and as otherwise required by applicable law.
Privacy Questions and Access
If you have a question about this Privacy Statement or HELP JE KLANT HOLDING BV's handling of your information, you can send an email to firstname.lastname@example.org.
Or you can contact us at:
HELP JE KLANT HOLDING BV
PO Box 26
3500 AA Utrecht
In certain cases, you may have the ability to view or edit your personal information online. In the event your information is not accessible online, and you wish to obtain a copy of particular information you provided to HELP JE KLANT HOLDING BV, or if you become aware the information is incorrect and you would like us to correct it, contact us.