General terms

Applicable from 1-1-2017

These terms of use immediately go into effect for visitors that are not a member and for members that sign up after the revision date. These terms of use become valid for existing members within thirty (30) days.

These terms of use (the conditions) control your access to and use of our websites, email messages and mobile applications (Ratecard.io). These conditions also include our privacy and cookie policy. By displaying and using Ratecard.io, you accept that you are committed to these conditions. If you use Ratecard.io on behalf of a company or other juridical entity, you accept that you are committed to these conditions. This also applies when a separate agreement has been made with you. You may not use Ratecard.io if you do not agree with the version of the conditions that is placed on Ratecard.io at the moment you display Ratecard.io. (The words we and us refer to Ratecard.io, a part and trade name of New-IT b.v.)

Take into account the following: these conditions require the usage of mediation on individual basis for resolving disputes instead of lawsuits, and also limit the means of redress you have at your disposal in case of a dispute.

1. Suitability for the usage of Ratecard.io

If you want to display or use Ratecard.io, you have to be at least 18 years old and have authority and permission to accept these terms. Except as approved by us, Ratecard.io is, among other things, intended for commercial use. If you want to use Ratecard.io for commercial purposes, you have to enter into an agreement with us. You may not use Ratecard.io if we ended your account or if we blocked you.

2. Your Ratecard.io account

1. Ratecard.io account. If you want to become a member of Ratecard.io (a member), it is necessary that you register an account by claiming your company name and setting up a username and password. Ratecard.io can also apply other requirements for registration. You are fully responsible for maintaining the confidentiality of your password. You agree to never use the account or password of (an)other member(s). You agree to let us know immediately if you suspect unauthorized use of your account or unauthorized access to your password. You take full responsibility for each and every use of your account. Passwords can be cancelled by Ratecard.io at any time.

2. Sign up via social networks. If you display Ratecard.io via a social network website, such as LinkedIn, Facebook or Google+ (social network website), you agree that we are allowed to display, make available and save (if applying) any information, data, text, messages, labels and/or other materials, if these are accessible via Ratecard.io and you made them available for and saved in your social network website account, what makes them available on and via Ratecard.io, because of your account and profile page. Depending on the privacy settings you set up for the social network account you use for accessing Ratecard.io, personal identifiable information you place on the particular social network website, may be displayed on Ratecard.io. Take into account the following: your relation with your social network websites is exclusively controlled by your agreement with these social network websites and we refuse every liablity for the personal identifiable information that is provided to us by the social network websites and is in conflict with the privacy settings that you set up for the particular social network website account.

3. Your use of Ratecard.io

Code of conduct. You may use Ratecard.io exclusively for legal purposes and in a way that is in accordance with these conditions and all applicable laws, regulations and other binding obligations (among others contractual obligations) that you possibly have in attendance of third parties.
1. You refrain from the following:
The use of any information obtained through Ratecard.io for harassing, taunting or hurting others and the use of such information for contact-, advertising-, approaching- or sales purposes, regarding any visitor without explicit permission of this visitor;
Introducing software or automated agents on Ratecard.io or access to the service in a way that multiple accounts are made, automatic messages are generated or data from Ratecard.io is stolen or exploited;
Hindering of, interrupting of, or excessively burdening of Ratecard.io or the networks or services that are connected to Ratecard.io;
The hindering of, interrupting of, adapting of, submitting to reverse engineering of or decompiling of any data or functionality of Ratecard.io

2. Links to websites of third parties. Ratecard.io possibly contains links to websites of third parties that are applied by us as a service on behalf of organizations that are interested in this information or that is posted by other members. Your use of such links happens fully at your own risk. We do not supervise, we do not have control over, we do not claim anything about and we do not envision anything regarding websites of third parties. As far as such links are offered by us, they are being offered exclusively for your convenience and a link to a website of a third party does not mean, in any way, an approval of, acceptance of, support of or relation with us regarding a certain website of third party. When you leave Ratecard.io, our conditions and our policy are no longer applicable.

3. Content of third parties on Ratecard.io. Content of other members, visitors, advertisers and other third parties is made available to you via Ratecard.io. ('Content') means any written work or any information that you encounter on Ratecard.io, among which reviews, photos, reactions, advertisements, comments, opinions, placed messages, CVs, messages, text files, images, writings, email messages or other materials. Because we have no control over such content, you endorse and agree that: (1) we do not have any responsibility over and we do not, in any way, approve such content, among which advertisements and information about products and services of third parties, advertisements and client- and intermediairy information that is provided by members anonymously; (2) we do not garantuee in any way the accuracy, courtesy, appropriateness or quality of the information in such content; and (3) we do not accept liability for unintentional, objectionable, incorrect, misleading or unlawfulcontent that is made available by other visitors, employers, advertisers and third parties. We can not, in general, be held respobsible for claims that arise from content that is offered on Ratecard.io by third parties. See our frequently asked legal questions (FAQ) for more information.

4. Sharing your content on Ratecard.io

1. Your responsibility for your content. You take full responsibility for all content that is placed on Ratecard.io via your account ("Your content") and for the representation of all cases about us in your content. By sending your content to Ratecard.io, you agree that you have read our Code of conduct and accept and adhere to this Code.

2. Declaration concerning your content. You declare and garantuee the following: You are the owner of your content or you otherwise have the right to assign the right of use that is described in the conditions.;
Your content does not infringe privacy rights, publishing rights, copyrights or other rights of anyone.;
By making available or placing your content, you do not infringe any binding confidentiality obligations, non-disclosure obligations or any contractual obligations you have regarding a third party.;
Information that you provide via reviews, photos, reactions, advertisements is correct.;
Do not provide any information you are not allowed to share with others under a binding contractual obligation or under the law, because all information you provide will be accessible for every visitor of Ratecard.io.

3. Forbidden content. You agree with not placing any content that:
Is insulting or will, in any way, calls for racism, intolerance, hatred or physical disadvantage regarding any group or individual or that is pornographic or sexually explicit in nature, or that harasses or torments, or calls for stalking, harassing or bothering any other person;
Is associated with the transmission of unwanted email, chain letters, unwanted mass mailings or the sending of spam;
Is false or misleading or that recommends, endorses or promotes unlawful activities, or recommends, endorses or promotes behaviour that is abusive, threatening, obscene, slanderous or ignominious;
Is aimed at promoting, copying, carrying out or distributing an illegal or unauthorized copy of the work of someone else, that is protected by copyrights or legislation on the subject of trade secrets, such as offering cracked computer programs or links to such programs, offering information about bypassing copy protection provisions that is installed by manufacturers, or offering cracked music, videos or movies, or links to such cracked music, videos or movies;
Is aimed at exploiting people under the age of eighteen (18) in a sexual or violent manner, or requests for personal information of people under the age of eighteen (18);
Contains instructions for illegal activities, such as making or buying illegal weapons, violating someone's privacy or offering or making computer viruses and other harmful code; That contains identification information, such as a social security number, passport number, national identification number, insurance number, driving license number, immigration number or any comparable number, any comparable code or ID whatsover;
Requests other visitors for passwords or personal identifiable information for commercial or unlawful purposes;
Except when explicitly approved by us, concerns commercial activities and/or commercials such as competitions, raffles, barter, pyramid games, advertisements, sponsored links and other forms of enticement;
Contains viruses, Trojan horses, worms, timebombs, cancelbots, damaged files or comparable software;
Places or distributes information that infringes any binding confidentiality provisions, non-disclosure provisions or other contractual restrictions or rights of a third party, among which the current, former or potential clients and intermediaries;
Implies support of or partnership with Ratecard.io of any nature whatsoever; or
Violates these conditions, the conditions of your agreement with us, in any other way, or that invokes a liability for us.

5. Special provisions that apply to advertisers

This provision applies to all advertisers, including clients, intermediaries, partners that buy advertisements or display advertisements. Unless otherwise agreed with us, you are not entitled to use data that is collected via or derived from advertisements (advertisement data) for any other purpose (including retuning, building or extending visitor profiles, or enabling piggybacking, redirecting with labels or combining with data from campaigns from multiple advertisers) than judging the performance and efficiency of your campaigns, provided that this happens on a collected and anonymous basis. It is not permitted and you may not allow any third party to transfer or sell advertisement data, or to use advertisement data with reference to an advertisement network, advertisement exchange, a data broker or another party that does not act on behalf of you and your campaigns. You are entitled to use information that visitors provide to you directly, if you mention this explicitly and if you get permission from this visitor and you meet all applicable laws and industry guidelines.

6. Enforcement by Ratecard.io

1. Removal of content. Although there is no obligation to this on Ratecard.io, Ratecard.io reserves the right to judge and remove (or adjust) content that is conflicting with these conditions or another applicable policy that is placed on Ratecard.io (including our Code of conduct). We can do this completely at our discretion. If you notice content on Ratecard.io, from which you believe is conflicting with our policy, you can report this content by clicking on an applicable link that is placed next to this content (e.g. a link named: Inappropriate or Mark review) or by informing us about this. If we are informed, we will judge the content and consider to remove or adjust this. Keep in mind the following: The interpretation of policy and the decision regarding editing content or not, remains with us and happens exclusively at our discretion. You understand and agree that, if we choose not to edit or remove content you find objectionable, this does not mean a violation of these conditions or any agreement whatsoever that we concluded with you.

2. Policy on copyrights. Ratecard.io has implemented the following policy on the violation of copyrights at Ratecard.io. It is our policy to end the memberships of members that repeatedly violate copyrights as soon as this is reported to us by the owner of the copyrights or the legal representative of the owner of the copyrights. Without taking anything away from the prior, you will be requested to provide the following information on copyrights to our intermediary, if you believe that your work is, in conflict with these conditions, copied and used on Ratecard.io in a way that means violation: An electronic or physical signature of the person that is entitled to represent interests on behalf of the owner of the copyrights; An identity assessment of the work that is subject to copyright from which you believe it has been violated;
A description of where the material, from which you believe it has been violated, is located on Ratecard.io;

Your address, telephone number and email address;
A written declaration from you, in which you state that you are, in good faith, convinced that the contested use is not permitted by the owner of the copyrights, his or her intermediary of the law; and
A declaration of you, under penalty of perjury, that the information stated before in your statement is accurate and that you are the owner of the copyright or that you act on behalf of the owner of the copyright.
If you believe that the content is wrongly removed, you can contact our intermediary on the subject of copyrights. This person will inform you on the requirements and procedure for submitting a counter notification.

The contact information of our intermediary on the subject of copyrights for reporting alleged violations on copyrights, is as follows:

Ratecard.io New-IT b.v.
Attn. department copyrights Office “de Uilenhoeve Jisperweg 2
1463 ND Noordbeemster
Email: support@ratecard.io

3. Other enforcement measures. Although there is no obligation for us to do so, we reserve the right to, completely at our own discretion, start an investigation and take applicable measures regarding you if you violate these terms, under which included, but not limited to: removing content from Ratecard.io (or adjusting it); suspending your right to use Ratecard.io; ending your membership and your account; declaring you to a law enforcement agency, regulatory authorities or administrative organizations; and take juridical measures on you.

4. Defending our members. Although there is no obligation for us to do so, we reserve the right to take applicable measures to protect the anonymity of our members concerning the execution of subpoenas or other requests for information that are aimed at tracking down the electronic address or identifying information of a member.

7. Rights concerning your content

We do not claim ownership concerning content you send to Ratecard.io, but in order to be able to lawfully offer Ratecard.io to our visitors, we do have certain rights with respect to the use of such content in connection to Ratecard.io, as is stated hereafter. By sending content to Ratecard.io, you give us unlimited, irrevocable, everlasting, non-exclusive, fully paid license that is free of royalties (with the right to provide sublicenses via an unlimited number of license holders) for using, copying, carrying out, displaying, creative derivative works from and distributing such content via any medium whatsoever (that is known now, or is developed later), which applies to the whole world. There will be paid no compensation concerning the content you place via Ratecard.io. You need to only send information to Ratecard.io that you can share unencumbered under the terms and provisions of these terms of use.

8. Rights to Ratecard.io content

Ratecard.io contains content that is made available by us and our licensors. We and our licensors (under which our visitors) are owner and retain all property rights (and intellectuel rights) concerning the content that we offer separately and Ratecard.io is the owner of and retains all property rights concerning Ratecard.io. If you are a visitor, we hereby grant you a limited, revocable, not in sublicenses license under the intellectual property rights that we can give in license to download, display, copy and print content on Ratecard.io, exclusively for your own use in connection with Ratecard.io. Except as provided in the preceding, you agree to refrain from the following: (1) reproducing, adjusting, publishing, passing on, distributing, publicly performing or displaying, selling, or making derivative works on the basis of Ratecard.io or the content; or (2) renting out, leasing, borrowing, or selling access to Ratecard.io. Ratecard.io® is a deposited trade name of New-IT b.v. The trade marks, logos and service brands (brands) that are displayed on Ratecard.io, are our property or property of third parties. You are not entitled to use there brands without our prior written permission or the permission of the third party that is the owner of the particular brand.

9. Disclaimer

You agree that you indemnify and exempt us, our subsidiaries, affiliated companies, our officials, intermediaries and other partners and employees from all claims, losses, liabilities or requirements, under which reasonable lawyer costs that have been made by any third party whatsoever, as a result of or deriving from your use of Ratecard.io and as a result of or deriving from your violation on any provision of these terms whatsoever.

10. Disclaimers and restriction of liability

The disclaimers and liabilities in this section are applicable to the extent that is maximally permitted under applicable legislation. Nothing in this section intends to limit rights that are legally not allowed to be limited.

Only you are responsible for your interaction with advertisers and other visitors and we are not responsible for the activities, omissions or other behaviour from any advertiser or visitor of Ratecard.io, regardless whether this is online or offline. We are not responsible for possible inaccurate content (including information in profiles and reviews) that are placed on Ratecard.io, regardless whether this is caused by visitors or by equipment or the programming that is connected to or used in Ratecard.io. We do not accept responsibility for mistakes, omissions, interruptions, removals, defects, processing or transmission delays, communication failure, theft or destruction, unauthorized access to or alteration of any communication with other visitors. We are not responsible for problems with or technical disruptions of hardware and software as a result of technical programs on internet, on Ratecard.io or a combination of both, under which eventual injury or technical damage to visitors or the computer of a person if this associated with or the result of participation or downloading materials that are related to Ratecard.io. We will not, onder any circumstances, be held liable for loss or damage that results from the use of Ratecard.io or content that is places on Ratecard.io or is passed to visitors or for any interaction whatsoever between visitors from Ratecard.io, regardless whether this concerns online or offline interaction.

Ratecard.io is offered "as-is", as this is available. We importunately refuse all garantuees and provisions of any nature, regardless whether this concerns explicit or implicit garantuees, including garantuees or provisions regarding negotiability, appropriateness for a certain purpose, property, undisturbed enjoyment, accuracy or non-infringement on any right. We garantuee in no manner: (1) That Ratecard.io will meet your requirements; (2) That Ratecard.io will be available on an uninterrupted, timely, safe or error-free basis; (3) That the results that can be obtained via the use of Ratecard.io are accurate or reliable.

You indemnify us, our officials, employees, intermediaries and successors hereby from all claims, requirements and losses, every damage, all rights and measures from any nature that is directly or indirectly related to or a result from: (1) interaction with other visitors or users of Ratecard.io, of (2) your participation to any of these offline events.

IN NO CASE WILL WE TOWARDS YOU OR ANY THIRD PARTY BE LIABLE FOR PROFIT LOSS OR INDIRECT DAMAGE, CONSEQUENTIAL DAMAGE, COLLATERAL DAMAGE, INCIDENTAL, SPECIAL OR IMPOSED DAMAGE THAT RESULTS FROM YOUR USE OF Ratecard.io. THIS EVEN APPLIES WHEN WE ARE INFORMED ABOUT THE POSSIBILITY OF THE ACTION OF SUCH DAMAGE. NOTWITHSTANDING CASES OF THE CONTRARY THAT ARE CONTAINED IN THIS DOCUMENT, YOU AGREE, WHERE POSSIBLE UNDER THE APPICABLE RIGHT, THAT OUR FULL LIABILITY FOR DAMAGE TO YOU THAT RESULTED FROM OR IS IN RELATION TO YOUR USE OF Ratecard.io (BY ANY CAUSE AND REGARDLESS OF THE FORM OF THE MEASURES) WILL IN NO CASE BE HIGHER THAN A MAXIMUM OF A HUNDRED EUROS (100 €).

11. Termination

These conditions remain in force as long as you use Ratecard.io and, for members, as long as your account remains opened. You can let your account be set on non-active at any desired moment. We reserve the right to suspend or end your account or your access to parts of Ratecard.io, without notification if we believe that you violated these conditions. All provisions of these conditions will unabated remain in force at the moment of termination or expiring of these conditions, with the exception of those that allow you access to or grant right of use concerning Ratecard.io. We do not accept any liability regarding you for any ending of your account or related removal of any of your information.

12. Amendments in the conditions

We reserve the right to adjust these conditions from time to time by publishing an updated version of the conditions on Ratecard.io and you agree that the revised conditions are in force thirty (30) days after publishing the amemdment(s). Your continued use of Ratecard.io is subject to the most recent current version of the conditions.

13. Dispute settlement

Applicable law. This agreement and each and every claim or dispute between you and us, including, but not limited to, claims or disputes that are in any possible way associated with or resulting from this agreement or your access to or use of Ratecard.io, will be subject to the laws of the Dutch State, without having the principles or provisions on conflicting legislation in force provide for the application of legislation from another jurisdiction. Every claim or dispute that is no subject to the following arbitration provision, must be exclusively pending in the arrondissement where New- IT b.v. is established.

READ THIS CAREFULLY. THIS AFFECTS YOUR RIGHTS. BY ENGAGING THIS AGREEMENT, YOU AND Ratecard.io DISTANCE YOURSELVES FROM THE RIGHT ON JURY DECISIONS OR PARTICIPATION IN A COLLECTIVE PROCESS. YOU AND Ratecard.io COMMIT YOURSELVES TO ONLY GO TO COURT IN INDIVIDUAL CAPACITY, OR IN THE CASE OF Ratecard.io, IN HIS SEPARATE CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF A COLLECTIVE IN AN INTENDED COLLECTIVE OR REPRESENTED LAWSUIT. ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; COLLECTIVE ARBITRATION AND COLLECTIVE LITIGATION ARE NOT ALLOWED.

14. Other

Except when explicitly stated in any other agreement that we closed with you, these conditions include the complete agreement between you and us regarding the use of Ratecard.io and these conditions prevail above all other former proposals, negotiations, agreements and arrangements on these conditions. You declare and garantuee that no other person has given any promise, presentation of things or garantuee, neither explicitly nor implicitly, that is not included in this document to encourage you to enter into this agreement. Omiting on our side to exercise or enforce any right or provision of these conditions, does not mean that we distance ourselves from such a right or provision. If a provision of these conditions appears to be impracticable or void, this will be adjusted in a way that it reflects the intention of the parties or it will be subducted in such a minimal amount, that the other conditions will remain fully in force and feasible. The conditions and eventual rights or obligations pursuant to these conditions cannot be assigned, transferred or given in sublicense by you without priorly written permission from Ratecard.io, but may be unlimited assigned or transferred by us. Every attempt to assignment on your part means a violation of these conditions and will therefore be void. The section titles in the conditions are solely applied for convenience and do not have a juridical or contractual effect; the words including and under which in these terms and conditions shall be interpreted as including, but not limited to. Contact us if you have any questions concerning these terms and conditions. If you may have questions concerning these conditions, you can contact us here.

15. Complaints procedure

New-IT b.v. has a complaints procedure. If you do not agree with the conditions, the settlement of reviews or our service, you can use our complaints procedure by contacting us by telephone (+31 88 35 35 135) or by email.