Terms & Conditions
PDFinch is registered with the Chamber of Commerce under number 85129739. In this document you will find the General Terms and Conditions, which you agree to if you decide to use our Services.
- The Offer
- Realization of the agreement
- Website Availability
- Performance of the Agreement
- Generating PDF files
- Prices and Payment
- Collection policy
- Retention of title
- Transfer of risk
- Privacy, data processing and security
- Suspension and dissolution
- Force majeure
- Limitation of liability
- Intellectual Property Rights
- Indemnification and correctness of information
- Applicable law
In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
- Offer: any offer or quotation to the Customer for the provision of Services and/or for the delivery of Products by PDFinch.
- Company: The natural or legal person who acts in the exercise of a profession or business.
- Customer: The Company that enters into a Distance Agreement with PDFinch.
- Digital service or Product: The Services or Products offered by PDFinch are the generation/conversion of files with texts, images to PDF files.
- Service Provider: PDFinch, established under Dutch law, established in the Netherlands and offering Services to Customer hereinafter: PDFinch.
- Agreement: any (distance purchase) agreement and other obligations between the Client and PDFinch, as well as proposals from PDFinch for Services provided by PDFinch to the Client and accepted by the Client and accepted and performed by PDFinch by which these general terms and conditions conditions form an inseparable whole.
- Transaction: any activity that results in a PDF file.
- Website: The Website using PDFinch is: https://pdfinch.com/.
- These terms and conditions apply to every Offer by PDFinch, every Agreement between PDFinch and Customer and to every service offered by PDFinch and to every Agreement between PDFinch and a Customer on every Product offered by PDFinch.
- Before an Agreement is concluded, the Customer will be provided with these general terms and conditions. If this is not reasonably possible, PDFinch will indicate to the Client how the Client can view the general terms and conditions, which in any case have been published on the PDFinch Website.
- In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with PDFinch.
- These general terms and conditions also apply to additional, amended and follow-up orders from the Customer.
- The Customer's general terms and conditions are excluded.
- If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
- Ambiguities about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/his, if and insofar as applicable.
- In the event that PDFinch has not always demanded compliance with these general terms and conditions, it retains its right to demand compliance in whole or in part with these general terms and conditions.
3. The Offer
- All offers made by PDFinch are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
- PDFinch is only bound by an Offer if the Customer has paid the amount due. Nevertheless, PDFinch has the right to refuse an Agreement with a (potential) Customer for a valid reason for PDFinch.
- The offer contains a description of the Services or Products offered. The description is sufficiently specified, so that the Customer is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement.
- Offers or quotations do not automatically apply to follow-up orders.
- Delivery times and terms stated in PDFinch's Offer are indicative and do not entitle the Customer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
4. Realization of the agreement
- The Agreement is concluded the moment the Customer creates an account on the PDFinch Website and transfers an amount to the account number and details of PDFinch that have been made known to it. The customer then receives a credit with which she can have PDF files generated.
- An offer is made by PDFinch via the Website.
- PDFinch is not bound by an Offer if the Customer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Customer cannot derive any rights from this mistake or error.
- The Customer's right of withdrawal is excluded, unless otherwise agreed.
- If the Agreement is entered into by several Customers, each Customer is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
5. Website Availability
PDFinch does not guarantee that the Website, Services or Products will always meet the expectations raised in advance. PDFinch strives to make every effort to offer the Website and access to the Website to the Customer, as far as possible, without interruption, but PDFinch does not guarantee the full availability of the Website at all times. PDFinch is entitled if and insofar as there is a danger to the error-free functioning of the Website and to suspend the use of the Website in its opinion. PDFinch is furthermore entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the Website.
6. Performance of the Agreement
- PDFinch will perform the Agreement to the best of its knowledge and ability.
- If and insofar as required for the proper execution of the Agreement, PDFinch has the right to have certain activities performed by third parties at its own discretion.
- The Customer shall ensure that all information, which PDFinch indicates is necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, is provided to PDFinch in a timely manner. If the information required for the execution of the Agreement has not been provided to PDFinch in time, PDFinch has the right to suspend the execution of the Agreement.
- PDFinch is not liable for damage, of whatever nature, that has arisen because PDFinch has based on incorrect and/or incomplete information provided by the Customer, unless PDFinch was aware of this inaccuracy or incompleteness.
- The Client indemnifies PDFinch against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Client.
- PDFinch is not responsible for any decision taken by third parties as a result of the Customer's use of the Service. PDFinch therefore offers no guarantee of success.
- The Customer is fully responsible and liable for all actions they perform using the Website and/or the Service. The Customer indemnifies PDFinch against any claim arising from their actions using the Website and/or the Service.
7. Generating PDF files
- PDFinch can generate certain texts, images and information to a PDF file if instructed to do so.
- If the Customer agrees with the Offer as made known by PDFinch, this also means that the Customer agrees with PDFinch's method. PDFinch has the right to implement the content of its services at its own technical insight, insofar as nothing has been expressly reported about this by the Customer.
- PDFinch may require the Client to make additional agreements regarding the implementation, rate credit or the duration of the Agreement if circumstances or other external factors in PDFinch's opinion stand in the way of effective implementation of the Agreement.
- PDFinch handles the Customer's data with care and will only use it in accordance with the applicable standards. PDFinch does not process medical and criminal data, such personal data are in principle not processed. If and insofar as special personal data is provided by the Customer, this is entirely at the expense and risk of the Customer.
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Customer has not provided all the requested information or has not provided it on time, does not provide sufficient cooperation, the (deposit) payment has not been received in time by PDFinch or due to other circumstances any delay beyond the control of PDFinch, PDFinch is entitled to a reasonable extension of the delivery period. All agreed delivery times are never strict deadlines. The customer must give PDFinch written notice of default and allow it a reasonable term to still be able to deliver. The customer is not entitled to any compensation due to the delay.
- If PDFinch requires information from the Client in the context of the execution of the Agreement, the delivery time will only commence after the Client has made all data necessary for the execution available to PDFinch.
- If PDFinch has specified a term for delivery, this is indicative. PDFinch is not liable for any delay incurred in the shipment as a result of an unforeseen malfunction or force majeure.
- Deliveries will only be made if the Customer has sufficient credit, unless expressly agreed otherwise. PDFinch reserves the right to refuse delivery if there is a well-founded fear of non-payment.
- After payment of the Digital service or Product, the Customer will receive a PDF file from an API call. The digital Product must then be stored on a durable data carrier of the Customer.
PDFinch guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement.
10. Prices and Payment
- All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed.
- Customer must purchase a credit on the PDFinch Website with which the Transaction can be settled as long as credit remains.
- PDFinch is entitled to quarterly increase the applicable prices and rates in accordance with the applicable inflation rates or increased operating cost. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
- During the period of validity of the Offer, the prices of the Products offered will be increased, when there are changes in VAT rates.
- In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment against Customer, payment and all other obligations of Customer under the Agreement will become immediately due and payable.
11. Collection policy
- If the Customer does not meet its payment obligation, and has not fulfilled its obligation within the specified payment term, the Customer is in default by operation of law.
- From the date that the Customer is in default, PDFinch will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision. compensation for extrajudicial collection costs from 1 July 2012.
- If PDFinch has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and execution costs incurred are also for the account of the Client.
12. Retention of title
- All goods delivered by PDFinch remain the property of PDFinch until the Customer has fulfilled all the following obligations under all Agreements concluded with PDFinch.
- The customer is not authorized to pledge or in any other way encumber the items subject to retention of title if the ownership has not yet been transferred in full.
- If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the Customer is obliged to inform PDFinch of this as soon as can reasonably be expected.
13. Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Customer if the Products have been provided (digitally) under the Customer's control. This is the case if the Products have been delivered (digitally) to the Customer.
14. Privacy, data processing and security
- PDFinch handles the (personal) data of the Customer with care and will only use it in accordance with the applicable standards. If requested, PDFinch will inform the data subject about this.
- The customer is responsible for the processing of data that is processed using a PDFinch service. The customer also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies PDFinch against any (legal) claim related to this data or the implementation of the Agreement.
- If PDFinch is required to provide security for information under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.
15. Suspension and dissolution
- PDFinch is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Customer does not or not fully fulfill the (payment) obligations under the Agreement.
- In addition, PDFinch is authorized to dissolve the existing Agreement between itself and the Customer, insofar as it has not yet been performed, without judicial intervention, if the Customer does not timely or properly fulfill the obligations that it has under any Agreement concluded with PDFinch. result.
- Furthermore, PDFinch is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, PDFinch's claims against Customer are immediately due and payable. When PDFinch suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
- PDFinch always reserves the right to claim compensation.
16. Force majeure
- PDFinch is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
- Force majeure on the part of PDFinch in any case includes, but is not limited to: (i) force majeure of PDFinch's suppliers, (ii) failure to properly fulfill the obligations of suppliers that Client or its third parties have to PDFinch are prescribed or recommended, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of PDFinch or advisors engaged by it and (vii) other situations that in the opinion of PDFinch fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement will in that case be paid by the Customer. PDFinch is under no obligation to reimburse Client for any losses caused by such withdrawal.
17. Limitation of liability
- PDFinch is not liable for damage that is or may be the result of (incomplete and/or incorrect) information on the PDFinch Website or that of linked websites or applications.
- If PDFinch's performance of the Agreement leads to PDFinch's liability towards the Customer or third parties, that liability is limited to the costs charged by PDFinch in connection with the Agreement, unless the damage was caused by intent or gross negligence.
- PDFinch is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, lost savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
- In no event shall PDFinch be responsible for errors and/or irregularities in the functionality of the PDFinch website and shall not be liable for any malfunction or unavailability of the PDFinch website for any reason or loss and/or corruption of Customer's data and information.
- PDFinch does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of PDFinch, nor for the timely receipt thereof.
- PDFinch is not liable for the fact that the Customer has not received the account information, or has not received it correctly and/or not on time. PDFinch is never liable if the Customer has not kept his login and/or account details in a safe place.
- PDFinch is never liable for any (printing) errors in the delivered Products.
- PDFinch excludes any liability for damage resulting from any unauthorized use of the Website and/or Service by third parties, insofar as this is permitted by mandatory law.
- Customer indemnifies PDFinch against (consequential) claims (whether or not from third parties). Customer is solely responsible for not being dependent on the PDF files.
- All claims of the Customer due to shortcomings on the part of PDFinch will lapse if they have not been reported to PDFinch in writing and with reasons within one year. Any claim for compensation against PDFinch must always be reported in writing, but at the latest within one year after the Customer was aware or could reasonably have been aware of the facts on which he bases his claims. After this term, such a claim will lapse.
- PDFinch and Customer undertake to maintain confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information has not been disclosed to PDFinch during the Agreement with the Client and/or has been obtained by PDFinch in some other way.
- In particular, the secrecy pertains to advice, reports, designs, working methods and/or reports drawn up by PDFinch regarding the Client's assignment. The Customer is expressly prohibited from sharing the content thereof with (unauthorized) third parties. Furthermore, PDFinch always exercises the required care in dealing with all sensitive information provided by the Client.
- If PDFinch is obliged by virtue of a statutory provision or a court decision to (partly) provide the confidential information to the law or competent court or indicated third party and PDFinch cannot invoke a right of nondisclosure, PDFinch is not obliged to compensation and does not give Customer grounds for dissolution of the Agreement.
- The transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by PDFinch to third parties requires the written permission of PDFinch, unless such permission has been expressly agreed in advance. Customer shall indemnify PDFinch against all claims by such third parties as a result of reliance on such information disseminated without PDFinch's written consent.
- PDFinch and Customer also impose the confidentiality obligation on third parties to be engaged by them.
19. Intellectual Property Rights
- All copyrights of the PDF file rest solely with the Customer and are not transferred to PDFinch.
- Other IP rights and copyrights of PDFinch, including in any case, but not limited to all designs, models and advice rest exclusively with PDFinch and are not transferred to the Customer unless expressly agreed otherwise.
- The Client is prohibited from disclosing and/or multiplying, changing or making available to third parties all documents covered by PDFinch's intellectual property rights and copyrights without the express prior written permission of PDFinch. If the Customer wishes to make changes to goods delivered by PDFinch, PDFinch must explicitly agree to the intended changes.
- The Customer is prohibited from using the Products to which PDFinch's intellectual property rights rest other than as agreed in the Agreement.
20. Indemnification and correctness of information
- The Customer is responsible for the correctness, reliability and completeness of all data, images, information, documents, in whatever form, that it provides to PDFinch in the context of an Agreement, as well as for the data that it has obtained from third parties. and which have been provided to PDFinch for the performance of the Service.
- The customer indemnifies PDFinch from any liability as a result of non-compliance or late fulfillment of the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
- The Customer indemnifies PDFinch against all claims from the Customer and third parties engaged by it or working under it, as well as from customers of the Customer, based on the failure to (timely) obtain any subsidies and/or permissions required in the context of the implementation of the Agreement.
- The Customer indemnifies PDFinch against all claims from third parties arising from the work performed for the Customer, including but not limited to intellectual property rights on the data and information provided by the Customer that can be used in the performance of the Agreement and/ or the acts or omissions of Customer towards third party(ies).
- If the Client provides PDFinch with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.
- Customer indemnifies PDFinch for medical and criminal data provided by Customer, such personal data will in principle not be processed.
- If the Customer is not satisfied with the service of PDFinch or otherwise has complaints about the execution of its assignment, the Customer is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason that led to the complaint. . Complaints can be reported verbally or in writing via email@example.com with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Client if PDFinch is to be able to handle the complaint.
- PDFinch will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
22. Applicable law
- Dutch law applies to the legal relationship between PDFinch and the Customer.
- PDFinch has the right to change these general terms and conditions and will inform the Customer thereof.
- In the event of translations of these general terms and conditions, the Dutch version shall prevail.
- All disputes arising from or in connection with the Agreement between PDFinch and the Customer will be settled by the competent court of the District Court of The Hague, location The Hague, unless provisions of mandatory law designate another competent court.
This version was last updated on January 12, 2022.