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Terms of use

User agreement

The Envirometer is a product of:

Stichting Stimular, with its corporate seat in Rotterdam, Chamber of Commerce 41133987 and is maintained on the instructions of Stimular by:
Dreamsolution webapplicaties, with its offices at Delft.

Definitions

For the purpose of these terms and conditions:

  • Envirometer: the online application at https://www.milieubarometer.nl.
  • Subscriber: a person or entity with a subscription to the Envirometer.
  • User: someone who uses the online application at https://www.milieubarometer.nl.

Privacy

  • Stimular considers all data entered by subscribers into the Envirometer to be strictly confidential.
    • Stimular does not delete or change data in an active Envirometer subscription, unless the user instructs Stimular to do so. Primarily the user is able and responsible for this.
    • Personal details (name, email address, telephone number) are removed from the system 100 days after someone no longer has access to an active subscription. (Either because his Environmeter subscription(s) has / have been terminated, either because the person no longer has user rights on any Envirometer.)
    • Company details and entered data are stored three years after termination of a subscription (within that period a subscription can also be reactivated while retaining data). After that, all data is removed from the system. (Former) users can always request Stimular to delete the data earlier. Stimular will execute such a request as quickly as possible (within a week).
  • Contact details, subscription records and confidential company data that have been entered into the Envirometer are not passed on to third parties (other than Stimular and Dreamsolution), unless:
    • it is required by law;
    • it is necessary for sending invoices and newsletters, in short for contact with you as a customer.
    • it becomes necessary in the course of legal proceedings;
    • it is required in the auditing process;
    • the subscriber itself gives permission.
  • Stimular has concluded processor agreements with all companies involved in the development and maintenance of the Envirometer, the sending of the newsletter and invoices to Environmeter users. These agreements stipulate that the processors handle your data safely and carefully and do not use this data for any purpose other than the proper functioning of the Envirometer.

Security

  • Stimular will take care that the Envirometer is properly protected. The manner in which Stimular does so and in which way users may contribute to the secure use of internet applications can be found in our security statement ‘working securely with the envirometer’
  • A back up of the data is made at a regular basis in order to minimize the chance of loosing any data that have been submitted.

Ownership

  • The rights of intellectual ownership of the Envirometer belong to the Stimular Foundation.
  • Images, animations, software, program scripts and other material pertaining to the Envirometer remain the property of Stimular and may not be multiplied, disclosed, brought to the attention of third parties or made available to third parties.
  • Users are not allowed to make or have others make versions or derived versions, or to apply or use the design or parts of the design within other designs or work, or to sell the design or parts of the design, or enable others to do so.

Use

  • A subscription grants the subscriber (and the users given access to the subscription) the right to use the Envirometer online application for the duration of the subscription.
  • Subscribers are not allowed to sublicence the Envirometer. However, subscribers are allowed to give other users access to the application.
  • Users are not allowed to remove or evade the security of the application and the source codes.

Subscription: rates, changes, cancellation

  • Current subscription rates are listed on the website. The subscription rates may be raised annually.
  • Subscribers are informed about any changes in the subscription fees on 1 December of the year prior to the raise at the latest.
  • The standard starters’ subscription applies up to the end of the next calendar year, that is to say with a minimum of 13 and a maximum of 24 months. During special offers, different arrangements may apply.
  • Afterwards, subscriptions are silently renewed by a period of 1 calendar year.
  • It is always possible to expand a subscription with additional licences. These additional licences are valid for the same period as the principal licence.
  • Subscribers may cancel their subscription until 31 December of the year prior to the year to which the renewed subscription would apply.
  • Cancellation of the subscription or any alterations are submitted by internet form. Alternatively this can be done by email, containing the following information: name and address of user, date, Name of the subscription (generally the company name) which is cancelled.

Payment, invoicing

  • Users receive their invoices by e-mail (as of march 2016 invoices on paper are still possible, but this will probalably change). The term of payment is three weeks from the invoice date.
  • The invoice amount depends on the scope of the subscription taken out by the user.
  • In cases of winding-up, bankruptcy or suspension of payment on the side of the subscriber, all claims made by Stimular and the obligations of the user towards Stimular will be immediately payable.
  • If invoices are not paid, Stimular will be entitled to deny users access to its Envirometers until the invoices have been paid.
  • Stimular is entitled to charge interest at the statutory rate over invoices that are not paid in time, from the payment due date up until the moment of payment.
  • The data that have been entered into an Envirometer will be kept for at least a year after cancellation of the subscription or after access has been denied, unless the subscriber has indicated that the data have to be removed immediately.

Warranty and liability

  • Stimular will make every effort to repair any flaws in the Envirometer software that may hamper the functionality of the application as soon as possible after discovery.
  • Stimular will repair any flaws that have been pointed out that do not hamper the functionality in a subsequent version of the programme.
  • Although Stimular will make every effort to prevent flaws and deficiencies, it cannot guarantee that the product offered is completely free of flaws or deficiencies.
  • Stimular cannot be held liable for any damage ensuing from the use of the online application or for damage of any other kind.
  • Stimular will not be held responsible for the loss of data through fault of the subscriber.
  • Subscribers are responsible for keeping their passwords secret.

Settlement of disputes

  • Before bringing a dispute to court, parties shall make every effort to reach an amicable settlement.
  • Disputes between parties shall be submitted to the Rotterdam District Court.
  • This agreement shall be governed by Dutch law.