Terms and Conditions
Last change on april 19th, 2020.
The service "Nozier" is offered over the internet in the form of Software-as-a-Service by the company Nozier. The use of Nozier is subject to the below terms and conditions.
Using Nozier constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Nozier.
Article 1. Use of the service
1.1. With Nozier, you can monitor and update your websites and get notified whenever anything goes wrong.
1.2. To use Nozier, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Nozier may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Nozier that someone else knows your password.
1.4. Nozier processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Nozier for more information.
2.1. It is not permitted to use Nozier for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. Should Nozier discover that you violate any of the above, or receive a complaint alleging the same, then Nozier may intervene to end the violation.
2.3. If in the opinion of Nozier the continued functioning of the computer systems or network of Nozier or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Nozier may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4. Nozier is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Nozier is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and maintenance
3.1. Nozier makes no promises regarding availability of the service. Nozier tries to keep the service up as long as possible.
3.2. Nozier actively maintains Nozier. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Nozier may from time to time adapt Nozier. Your feedback and suggestions are very welcome but ultimately Nozier decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service Nozier, the accompanying software as well as all information and images on the website is the intellectual property of Nozier. None of these items may be copied or used without prior written permission of Nozier, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Nozier receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Nozier, for example a bug report or suggestion for improvement, you grant Nozier a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Nozier shall refrain from accessing data you store or transfer using Nozier, unless this is necessary for a good provision of the service or Nozier is forced to do so by law or order of competent authority. In these cases Nozier shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of Nozier is subject to a fee which is due every month. The fee must be paid in advance.
5.2. Payment is possible through direct debit order, via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Nozier shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Nozier in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Nozier at most two months after discovery.
6.4. In case of force majeure Nozier is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a month.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of one month.
7.3. Nozier is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Nozier shall first send a reminder mail to the e-mail address connected to your account.
7.4. Please note: it is not possible to export data you store or process using the service.
Article 8. Changes to terms
8.1. Nozier may change or add to these terms and conditions as well as any prices at any time.
8.2. Nozier shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Nozier after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Nozier shall be brought before the competent Dutch court for the principal place of business of Nozier.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Nozier service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Nozier shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Nozier is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Nozier or the associated business activities.