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TERMS DEFINITIONS

The Question Factory

The Question Factory is an activity of the private company The Question Factory BV, registered at the Trade Register under number 34291277, provider of an online platform which allows registered users to post questions regarding the agreed technologies, status monitoring and management tasks to be carried out. Also, the website is designed to generate reports and to view billing.

Terms

These terms of conditions of The Question Factory.

Agreement

Agreement between The Question factory and User.

User

Party receiving services through use of The Question factory.

Payment

User gives permission to The Question Factory to collect a monthly fee, in advance, equal to the number of registered users.

Website

ARTICLE 1. APPLICABILITY

1.1 On all agreements with The Question Factory and the online platform that The Question Factory is offering on the internet, with exception of any other terms, these terms apply.

1.2 By registering as a user and accepting the content of these terms, the User is entering an agreement with The Question Factory. These conditions are filed with the Chamber of Commerce and will be send, on request, free of charge by The Question Factory. These Terms and Conditions can also be consulted on the website.

1.3 If any provision of these Terms or any agreement is found to be invalid, this shall not affect the validity of the entire Terms/Agreement. The parties shall replace (a) new provision(s) which, as much as possible under the law, will shape the new Terms/Agreement to the intent of the original.

1.4 Deviation from these conditions can only be agreed to in writing and shall only apply in respect of the specific Agreement to which the exceptions relate.

1.5 The Question Factory reserves the right to modify these terms or supplement them. Changes also apply to all agreements concluded with regard to a period of thirty (30) days after notification of the change on the website and/or e-mail. If the user does not wish to accept the amended Terms, the user can inform The Question Factory about within the before mentioned period of thirty (30) days. The User is obliged to end the participation with The Question Factory and the use of the website, from the date of the revised version goes in effect.

1.6 In urgent situations such as (potential) abuse, government actions or force majeure, a shorter term can be handled for the previous mentioned changes.

1.7 In the event that the terms and the Agreement have conflicting provisions, the provisions in the Agreement shall prevail.

1.8 All rights and claims, which are made in these Conditions or in any further Agreements for The Question Factory, are also stipulated on behalf of The Question Factory by intermediaries and/or other third parties.

1.9 By agreeing to the Terms, users also agree with the privacy statement of The Question Factory. The privacy statement is reported on the website.

ARTICLE 2. USERS OF THE QUESTION FACTORY

2.1 Every natural or legal person may participate in The Question Factory by registering as a client or user. The use is only open to adult natural or legal persons who are authorized to perform legal acts. A user must register by filling in the registration form completely and truthfully and accepting these Conditions.

2.2 The User is responsible for maintaining confidentiality of his Password and Username. The User must carefully keep his personal Password and keep this Password totally confidential. The User guarantees The Question Factory that the Password will not be used by unauthorized persons and is solely responsible for the consequences of any unauthorized use, abuse or misuse of the personal Password. The Question Factory is not liable for any damage following the distribution and sending by e-mail of personal passwords, and from any use thereof.

2.3 The user acknowledges that The Question Factory always has the right to deny access to the website temporarily or permanently and with immediate effect suspend or cancel a User who later appears to conform to a ground of refusal in this article, are not age and legally proof, have given incorrect information or other wrongful acts against The Question Factory or third party in connection with The Question Factory or not conforming to one or more of the terms in these Terms and Agreement. Unabating the right of The Question Factory for full compensation.

2.4 The User may terminate the use of the Question Factory in the prescribed manner. Any financial obligations to The Question Factory should always be integrally fulfilled.

2.5 The User is responsible for the correctness and completeness of its records and shall solely keep these records up to date by changing them as necessary.

2.6 The positioning of the registration is determined by a combination of factors. No rights can be derived from this.

2.7 Users warrant that, in respect of the offered services/matters, the provided information, including any images and descriptions, where relevant are:

  • Correct, complete and accurate.
  • Not contrary to law or international rules in the field of consumer protection, unfair competition, misleading or comparative advertising or equality.
  • Contain no threatening, profane or annoying messages nor concern any of these.
  • Contain no obscenity or child pornography nor concern any of these.
  • Without computer viruses, Trojan horses, Worms, Time bombs, “cancelbots” or other software routines intended to cause damage to a computer, computer programs or website, or negatively affect them, disrupt the normal operation of them or hand over control of one of them.
  • Without discriminatory and/or hateful texts.

2.8 User warrants that he does not use any equipment or software in its contact with The Question Factory which can disrupt the normal operation of The Question Factory, nor send information to The Question Factory that puts too heavy a load on the infrastructure of The Question Factory because of its size or characteristics.

2.9 The User warrants that he will not use (the functionality of) the website for downloading, sending or distributing data that contain viruses, worms, spyware, malware or any other similar malicious programs. Nor will the User make any calculations, operations or transactions which can disrupt, destroy or limit the functionality of the website, program, computer or telecommunication device.

2.10 The Question Factory reserves the right in its sole discretion to refuse the use to (legal) persons. In particular, if the case is that:

  • One has been previously denied use by The Question Factory or by another organizer of internet platforms thereof.
  • One has been convicted of computer crime or fraud in the past.
  • Or has been denied or was cancelled an account by any internet provider.
  • Its suspected the Terms will not be complied to.

ARTICLE 3. ADOPTION AND AMENDMENT OF AGREEMENTS

3.1 An agreement is established by registering as a User via the website

3.2 The Question Factory always has the right to fully or partially stop the delivery of a service to one or more Users and/or change a free (part) of a service into a paid service for one or more Users. Paying Users will receive a notice at least one month before the change will be made. If a paid service is stopped and a paying User has paid an amount for this service in advance, the prepaid amount will be returned, in proportion, in thirty (30) days after stopping the related service. When a free service is changed to a paid service, this service will only be charged after agreement by the User.

ARTICLE 4. USER RELATIONSHIP-THE QUESTION FACTORY

4.1 The Question Factory is in no way involved in the delivery and execution of the services/activities/matters that are offered on the website. The User acknowledges that The Question Factory is only organizing the coming together of supply and demand in the form of a website and making this available to the User though this website. The Question Factory is in no way responsible for the execution and quality of the offered services, work, matters, advertising and the handling like execution. The Question Factory is in no way involved in the transaction between Office 365 and User.

4.2 The Question Factory makes no warranty as to the results that may be obtained by the use of the website or as to the accuracy or reliability of any information contained on the website or information obtained from The Question Factory.

4.3 users accept the risk associated with the open nature of the internet. The Question Factory gives no warranty concerning any defect related to an intrusion into the computer system or with the presence of a virus or errors that can affect certain features of the website. Any transfer of information on the website is at the own risk of the User.

4.4 User acknowledges that The Question factory is unable to determine the definitive identity of a user en that the User is therefor to determine the identity and reliability of another user.

4.5 User acknowledges that The Question Factory has the right without giving a reason, to refuse or remove previously offered or requested services from The Question Factory, if those services are by or pursuant to the law prohibited or any other service that, at the discretion of The Question Factory, is not in accordance with the objective of The Question factory or may harm the reputation of the Question Factory.

4.6 The Question Factory also reserves the right to, at its own discretion, and without giving any reason to delete a service or contract from the website. This will occur in any case, but not only, in the following cases:

  • The service/question is in the wrong category.
  • The service/question is described in an incomplete or incorrect manner.
  • The service/question infringes the intellectual property rights of third parties.
  • The service/question could cause damage to the property rights of third parties.
  • The service/question contains discriminatory statements, pornographic material or is otherwise unlawful.
  • The service/question is otherwise offensive in the opinion of The Question Factory.
  • There is a presumption that it concerns an illegal service/question.

4.7 If a User has a dispute with one or more other Users, this User is to resolve this dispute on its own. The Question Factory is not a party in this process. User safeguards The Question Factory (and its personnel and agents) from any claims, claims for damages and the like, connected to such disputes.

ARTICLE 5. WORKING METHOD OF THE QUESTION FACTORY

5.1 The Question Factory is an online platform that allows registered Users to have availability of almost every legal service at any moment, to ask questions in different ways and to follow processes.

5.2 User can ask questions concerning Office 365.

5.3 User may order to create new users or just to disable user accounts.

5.4 User can obtain functional management concerning SharePoint.

5.5 User may view billing.

5.6 User can request reports and follow status updates of incidents/questions.

5.7 The Question Factory has links to other websites (direct links to that website). The Question Factory has no control over these websites. The Question Factory is not responsible for the content of these websites.

ARTICLE 6. DURATION OF CONTRACTS AND PAYMENTS

6.1 The Question factory has the right to the pre-agreed monthly fee, in advance, for the to be delivered services.

6.2 Agreements are entered into for the duration of one (1) month.

6.3 The Agreement will be silently renewed after ending of the initial contract duration and will be renewed for a period of one (1) month, unless the paying User or The Question Factory end the agreement in writing with a notice period of two (2) months before the ending of the initial contract or renewal period.

6.4 If the paying User terminates the contract before the ending of the (minimal) contract duration, The Question Factory is justified to receive the remaining fees which would be payable if the agreement was not ended prematurely.

6.5 The Question Factory reserves the right to adjust prices e.g. change the annual price index or with a general increase of the subscription. Price changes will be announced on the website thirty (30) days in advance, Article 1, paragraph 5 shall apply.

6.6 If the paying User fails for timely payment of an invoice, then he is legally at default. User shall own an interest of 3% per month or part of a month, unless the statutory interest is higher. In which case the statutory interest is owed. The interest of the amount due will be calculated from the time the client is in default until the moment of payment of the full amount owed.

6.7 User shall never be entitled to set off the amount due toThe Question Factory. Objections to the amount of a bill do not suspend the payment obligation.

6.8 If the User is in default or in omission in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be on behalf of the User. The extrajudicial costs are calculated on the basis of what is standard in the Dutch collection practice. At the moment this is the calculating method according to the Report Voorwerk II. If The Question Factory has made higher costs for collection than where reasonably necessary, the actual made costs are recoverable.

ARTICLE 7. COMMUNICATION

7.1 For misunderstanding, mutilations, delays or improper transmission of messages resulting from the use of internet or other communication means for traffic between User and The Question Factory, or between The Question Factory and third parties, as it relates to the relationship between User and The Question Factory, The Question Factory is not liable, unless and insofar as there is intent or gross negligence on the part of the Question Factory.

7.2 The Question factory corresponds with a User through means of electronic mail or by regular mail to the address provided by the user on registration. The Question Factory cannot be held responsible for any disadvantage because of the fact that the User has failed to keep its data up to date.

ARTICLE 8. DISCLAIMER

8.1 In case of culpable breach of the Agreement, The Question Factory is only liable for compensatory damages, i.e. compensation for the value of the omitted performance.

8.2 This liability is at all times limited to the maximum amount the User has paid or has to pay to The Question Factory for the period of six (6) months prior to the cause of the damage, unless the damage is caused bij gross negligence , or willful misconduct on the part of the Question Factory.

8.3 Any liability of the Question Factory for any other form of damage is excluded, including punitive damages in whatever form, compensation for indirect or consequential damages or damages for lost sales or profits.

8.4 User acknowledges that The Question Factory is not liable for any damage to him resulting from acts of the Question Factory in according with these Terms and shall compensate all costs and damages resulting out of any claim by a third party regarding the unauthorized acts mentioned in these Terms by the User.

8.5 User acknowledges that The Question Factory cannot be held liable for any damage the User suffers as a result of not being able to access The Question factory by User or Third party, failures, software errors, because of incomplete or incorrect transfer of information or by any failure of The Question Factory in the execution of this Agreement, unless there is an intent or gross negligence on the part of The Question Factory.

8.6 User indemnifies The Question Factory fully for all third party claims in any way resulting from and/or relating to the use by the User of the website or services placed by him and/or company information on the website

8.7 The Question Factory is not liable/responsible for the content of websites to which on the website is referred. For example by means of a hyperlink, banner or button.

8.8 The Question Factory is not liable/responsible for the content of promotional material provided by the User.

8.9 Though The Question factory will make all reasonable efforts to ensure that the connection between the online platform of The Question Factory and the infrastructure of the User is safe, which include taking into account the state of technology, The Question Factory accepts no liability for safety hazards caused by the computer, the operating system, the internet, the firewall, the network etc. of the User.

8.10 For misunderstanding, mutilations, delays or improper transmission of messages resulting from the use of internet or other communication means for traffic between User and The Question Factory, or between The Question Factory and third parties, as it relates to the relationship between User and The Question Factory, The Question Factory is not liable, unless and insofar as there is intent or gross negligence on the part of the Question Factory.

8.11 User indemnifies The Question Factory against all claims in respect of by the User purchased or provided services, with respect to any offer on the website and related to the User or third party not delivering or not (fully) paying for offered or purchased services via The Question Factory.

8.12 User is liable for all damages the Question factory may suffer as a result of a shortcoming by the User in the fulfillment of the obligations arising from the Agreement and these Conditions.

8.13 Changes in the details of the User are to be reported in writing immediately to the Question Factory. If the user fails herein, the User is responsible for any damage The Question Factory suffer as a result.

8.14 Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses of the User against The Question Factory and the by The Question Factory involved third party for execution of an Agreement, is one (1) year.

ARTICLE 9. PRIVACY, INFORMATION AND INTELLECTUAL PROPERTY

9.1 The Question Factory uses the information obtained from the users only for the functionality of The Question Factory. By registering on the website, the User gives consent to the Question Factory for storage and use of this information.

9.2 User gives consent to the Question factory to also use this information for the prevention of fraud and abuse (including the transfer of data to the Department of Justice, or victims of the abuse and/or fraud) and for statistical purposes in connection with the use of the website.

9.3 By entering data, such as names and address information, Chamber of Commerce number, VAT number etc. on the website, or by otherwise delivering these to The Question Factory, the User agrees that this information will be made searchable and available electronically for the employees of the Question Factory and thus be accessible to Users of the website and services of The Question Factory.

9.4 Users agree that The Question Factory refers to companies which use its services in general terms in publications. (References)

9.5 By entering the data mentioned in paragraph 3, the User guarantees that he or she is entitled to do so and that such information is accurate, complete and up to dat. If User changes or deletes supplied data on the website, The Question Factory will institute these changes as soon as possible on the website.

9.6 The Question Factory has no obligation to monitor the data entered by the Users and assumes no responsibility or liability for the accuracy or completeness of this information.

9.7 The Question Factory is justified to verify the accuracy of data and contact third parties fort this purpose. On discovery of possibly wrong or incomplete entry of data and/ or suspicion of infringement of intellectual property and other rights of third parties, The Question Factory reserves the right to remove such data and/or all of the related person or organization entered data.

9.8 With regard to the collection and processing of data the privacy statement is valid.

9.9 The Question Factory accepts no responsibility for entered data entered to unexpectedly getting affected, getting lost or being used by unauthorized persons, unless in respect to those cases there is intent deliberate recklessness of The Question Factory.

9.10 The Question Factory can direct to other websites (e.g. through a hyperlink, button and banner). On these websites the User falls under the privacy rules of that website. The Question Factory has no influence on the content and policies of these websites. If the User uses services from external service providers, then User falls under the privacy rules of that provider.

9.11 All (intellectual) property rights of the databases of the website are owned by The Question Factory.

9.12 The Question Factory further reserves all rights with respect to products arising out of the mind which she uses or has used and/or developed in the framework of the implementation of the Agreement with the User, provided such rights arise from the law.

ARTICLE 10. REFERENCES/CUSTOMER SATISFACTION

10.1 Users are requested to post a reference afterwards allowing for a system of feedback. From here a link will be offered to the user with a customer satisfaction survey

10.2 The Question Factory is in any case entitled to remove a reference if there is any of the following, not meant exhaustive, situations:

  • The Question Factory has a court order for removal.
  • The reference contains defamatory, vulgar, obscene or racist language and/or is unnecessarily offensive.
  • The reference contains personal information concerning a User.
  • The reference refers to a study from The Question Factory or a judicial authority.
  • The reference contains links or scripts.
  • The reference was meant for another user.
  • The reference was given by a User who has provided false contact information.
  • There is a legal dispute going on between the relevant Users.

10.3 in the event of violation of any of the preceding paragraphs, The Question factory has the right to temporarily or permanently deny access to the Question Factory and terminate or suspend the use immediately without notice. All this without becoming liable for damages towards User(s).

ARTICLE 11. SPAM

11.1 The use of (personal) data made public by third parties through the website, including, but not limited to, e-mail addresses, is only allowed for closing an Agreement with User or Client relating to the offered or requested matters. It is under no means allowed for (personal) data to be processed for any other means, which makes it prohibited to:

  • To send another User (unsolicited) e-mail(s), or at least e-mail(s) where the content is of a general nature and does not relate directly to the offered or requested, regardless if it concerns a message with a commercial nature.
  • To send another User (unsolicited) e-mail(s), where commercial products or services are being offered, regardless if these products or services (indirectly) have relation to the offered or requested.
  • To collect e-mail addresses of Users from the Question factory for whatever reason.

11.2 If the user (partially) acts contrary to the provisions of this article, he shall forfeit, without further warning or notice and without judicial intervention being required, to pay a fine of € 5.000,00 (five thousand euro’s) per event, where the use of a (personal) information is given as a single event, not affecting the right for full compensation.

ARTICLE 12. END OF THE AGREEMENT

12.1 Notwithstanding the conditions in these terms, The Question Factory can end the Agreement with immediate effect if the User acts contrary to, or has not met, not properly met or not entirely met one of its obligations towards The Question Factory or acts contrary.

12.2 The Question Factory has the right to terminate the Agreement without notice or judicial intervention with immediate effect if the User is declared bankruptcy, suspension of payment has been obtained or otherwise has lost the free management of his finances. Latter party has no rights for compensation.

12.3 If the account of User is cancelled, immediately all files from the account will be archived for a period of 30 days.

12.4 The Question factory reserves the right to exclude User from any further use of the website and terminate the User Agreement if User is in any way acting in violence of these Terms, Dutch law or the netettiquette that User has to observe while using the internet.

12.5 The preceding paragraph is without prejudice to the right of The Question Factory for further legal actions against the User and claim compensation for damages. All outstanding invoice amounts of User are immediately claimable.

12.6 If a service cannot be provided by The Question Factory for whatever reason, The Question factory has the right to terminate the Agreement pursuant to this reason. ARTICLE 13. DUTCH LAW

13.1 On all Agreements by The Question Factory only the Dutch law is applicable.

13.2 the aforementioned provision shall only apply if an Agreement is partially or entirely executed abroad or if the legal parties involved domiciled there. The applicability of the Vienna Sales Convention is excluded.

13.3 All disputes relating to agreements between The Question Factory and user for which these conditions apply and which do not fall within the jurisdiction of the subdistrict court, will be settled by the court of Dordrecht.

13.4 Applicable is the last registered version of the terms or the version of the Terms at the time the Agreement was concluded with The Question Factory. The Dutch text of the terms is always decisive for interpretation.