Terms and Conditions

These terms and conditions apply to all agreements between Vesta Group B.V. and the User regarding the use of WasteDesk.

Article 1. Definitions

• WasteDesk: Vesta Group B.V.'s online software solution for the waste industry, including updates, upgrades, versions, documentation and support.
• User: the natural or legal person that has entered into an agreement with Vesta Group B.V. to use WasteDesk.
• Agreement: the agreement between Vesta Group B.V. and the User.
• Services: all services to be delivered by Vesta Group B.V., including providing the software, support and other services.

Article 2. Applicability

These terms and conditions apply to all agreements between Vesta Group B.V. and the User. Deviations are only valid if confirmed in writing by Vesta Group B.V. The applicability of any purchasing or other terms of the User is expressly rejected.

Article 3. Right of use

Vesta Group B.V. grants the User a non-exclusive, non-transferable and non-sublicensable right to use WasteDesk for the term of the agreement.

• The User may only use WasteDesk for internal business purposes.
• The User may not sublease the software or otherwise make it available to third parties.
• The User is responsible for keeping login credentials confidential.
• The User may not modify, decompile or reverse-engineer the software.

Article 4. Price and payment

Prices are set in the individual agreement. Vesta Group B.V. is entitled to index prices annually with two months' notice.

• Invoices must be paid within 30 days of the invoice date.
• In case of late payment, Vesta Group B.V. is entitled to suspend access until payment is received.
• All prices are exclusive of VAT, unless otherwise stated.

Article 5. Maintenance and support

Vesta Group B.V. uses reasonable efforts to keep the service available and to provide support to the User. Planned maintenance is announced in good time. Vesta Group B.V. targets 99.9% availability per year, excluding planned maintenance.

Article 6. Liability

Vesta Group B.V.'s liability is limited, except in cases of intent or wilful recklessness. In no event is Vesta Group B.V. liable for indirect damage, consequential damage, lost profits or lost savings.

• Total liability is limited to the amount paid by the User to Vesta Group B.V. in the twelve months preceding the event giving rise to the damage.
• The User indemnifies Vesta Group B.V. against third-party claims arising from the User's use of the service.

Article 7. Intellectual property

All intellectual property rights regarding WasteDesk belong to Vesta Group B.V. The User only obtains the right of use as described in Article 3. It is not permitted to remove intellectual property notices or to reproduce, distribute or disclose the software outside the necessary operational use.

Article 8. Term and termination

The agreement is entered into for a term of one year and is tacitly renewed annually, unless either party terminates the agreement in writing with three months' notice before the end of the contract period.

• Vesta Group B.V. is entitled to terminate the agreement with immediate effect upon a material breach by the User.
• After termination, the User must remove all software and documentation and cease use.
• User data is retained for 30 days after termination and then deleted, unless otherwise required by law.

Article 9. Confidentiality

The parties are required to keep confidential all confidential information they receive from each other in the context of the agreement. Information is considered confidential if so indicated by the other party or if it follows from the nature of the information.

Article 10. Disputes and applicable law

Dutch law applies to all agreements between Vesta Group B.V. and the User. Disputes are exclusively submitted to the competent court in the district of Zeeland-West-Brabant, Breda location.

Contact

• Vesta Group B.V. — trading as SEDNA.software / WasteDesk
• Westelijke Havendijk 17-E, 4703 RA Roosendaal, The Netherlands
• Chamber of Commerce: 71418199 · VAT: NL858707792B01
• info@wastedesk.io
• +31 165 751 341