General Terms and Conditions Realtech (Maklr)

General

  1. These general terms and conditions apply to any offer or quotation from Realtech and to any legal relationship between Realtech and the Client.
  2. Applicability of the Client's general terms and conditions is expressly rejected.
  3. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or destroyed, the other provisions will remain in force. Realtech and the Client will then enter into joint consultation to agree on a new provision to replace the invalid or nullified provision, whereby the purpose and purport of the original provision is maintained as much as possible.
  4. Offers and quotations from Realtech are valid for a period of 30 days, unless stated otherwise.
  5. An offer or quotation is considered accepted when the Client has accepted it In Writing by signing it and sending it to Realtech.
  6. Realtech may change these terms and conditions at any time. Realtech will notify the Client of the change before the change takes effect.
  7. The agreement or assignment can only be changed with Written mutual consent.

Duration of the agreement

  1. The duration of the Maklr. similarities is as follows
    1. A Maklr. Knowing the agreement ends upon delivery of the report.
    2. An agreement for the Maklr. Sales of lead scoring software are entered into for an indefinite period of time, with a minimum term of three months, after which termination can be done in Writing at a notice of one month. The agreement ends by operation of law when all Construction numbers have been sold. The Maklr. Selling sales tool is delivered once, whereby Maklr. will continue to provide service for the duration of the lead scoring software agreement. In case of early termination of the agreement, regardless of the reason or basis, start-up costs will not be refunded.
    3. A Maklr. Housing agreement is entered into for an indefinite period and ends the day after the Client has terminated the agreement In Writing.

Execution of the agreement

  1. The terms mentioned in a quotation or agreement are never strict deadlines, but only estimated terms and delivery times. If a term is exceeded by Realtech, the Client must first declare Realtech in default and still offer a reasonable term for compliance.
  2. Realtech will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  3. Realtech has the right to have work carried out by third parties, when this is necessary or conducive to the execution of the agreement. The applicability of Articles 7: 404, 7: 407 paragraph 2 and 7: 409 BW are expressly excluded.
  4. The implementation of a Maklr. Knowing agreement is as follows:
    1. The quotation states which subjects and information will be included in the report.
    2. Client must provide the necessary data to Realtech in a timely and complete manner. In the event of late delivery, Realtech cannot deliver the report in accordance with the quotation and Realtech will set a new delivery date. In the absence of necessary data, Realtech cannot provide an accurate report.
    3. The report is delivered on average within 7 working days after all data has been received by Realtech.
    4. After delivery of the report, the Client has the opportunity to have a revision of the report carried out once, within 14 days after delivery of the report.
    5. Realtech delivers the report in Infogram format and can also be supplied as a PDF on request.
    6. The report is standard delivered in Realtech format and corporate identity, including information about Realtech.
    7. The report may be shared unaltered and with name and source reference with third parties. As soon as the Client has made any adjustment, the Client may not share the report with third parties or otherwise make it public.
  5. Implementation of the Maklr. Sell agreement.
    1. Client must provide the necessary data to Realtech in a timely and complete manner. If the data is not supplied on time and correctly, the Maklr. Sales of lead scoring software are not set up in the correct and timely manner, so that the software cannot function as expected.
    2. The following information is necessary for the lead scoring software and must be delivered to Realtech a few weeks before the website goes live:
      1. Number of construction numbers;
      2. Contact details of the parties involved, including but not limited to the website builder, contact person within the Client's organization;
  • Expected sales date or sales period;
  1. Planning website going live;
  2. Content for the website;
  3. Form on the website for interested parties, including tag;
  • Software used for communication to interested parties;
  • Planning for sending digital mailings;
  1. The following information is necessary for the sales tool and must be delivered to Realtech no later than one working week before the start of the sales period:
    1. All information as requested via the Excel sheet to be supplied by Realtech;
    2. Contact information of the parties involved, such as contact person at the Client and website builder or administrator;
  • House style (rules) of the Client;
  1. In the sales tool, interested parties can do the following, to which information and actions the Client also has access:
    1. Interested parties can create an account;
    2. Subscribing to a project and specific construction numbers
  • Fill in and manage financial data;
  1. Change or delete registration and construction numbers
  2. If necessary, choose additional work;
  3. Set automatic reminders about the registration;
  • Received Assignment;
  • Digital signing of contracts and other documents;
  1. Manage default settings of the account, such as set language, completed contact details
  1. Realtech delivers a so-called code snippet no later than seven days before the website goes live, which must be placed on the website. Realtech will provide instructions for this and will test the functionality. Client must provide the necessary data to Realtech in a timely and complete manner.
  2. Realtech provides a briefing for setting up the digital mailings.
  3. Realtech supplies texts for the website for visitors, so that they can prepare for their registration with the Client;
  4. The Client or a person designated by the Client will receive login details for the 'my environment' from Realtech. These data are only provided to this person and can only be retrieved from Realtech by this person. The following data is available in the my environment:
    1. Projects of the Client;
    2. Number of visitors to the website;
  • Number of visitors per building number;
  1. Number and type of promotions on the website and per construction number;
  2. Personal data entered by visitors;
  3. Registrations and preferences of these persons;
  • View and email candidates and reserve candidates;
  • Managing and adjusting FAQ items
  1. Realtech is responsible for the operation of the software and functionalities provided by Realtech and will provide advance notice of any maintenance work. Realtech is explicitly not responsible for the other operation of the website or compatibility with third-party technology.
  1. Implementation of the Maklr. Housing agreement
    1. For the correct execution of the agreement, Realtech needs the following information in a timely and complete manner:
      1. Contact details Client;
      2. Contact details of any affiliated suppliers;
  • Corporate identity (manual) and logo of the Client.
  1. Realtech provides a specific URL for the Client's users.
  2. Each user of the Client will receive personal login details for the 'my environment' from Realtech.
  3. Realtech supplies a checklist for the website drawn up in accordance with the corporate identity. Additional services may be included in this checklist if the Client has reported this to Realtech in a timely manner and has provided the necessary information on time.

Force of the majority

  1. Realtech is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to the fault, and neither by law, a legal act or generally accepted opinion on behalf of the Client. coming.
  2. Force majeure also includes all external causes, foreseen or unforeseen, on which Realtech has no influence, but as a result of which Realtech is unable to fulfill its obligations. Work strikes in Realtech's business, pandemics and epidemics, including stagnation in deliveries from suppliers. Realtech also has the right to invoke force majeure if the circumstance that impedes (further) compliance with the agreement occurs after Realtech should have fulfilled the obligation.
  3. Realtech can suspend the obligations under the agreement during the period that the force majeure situation continues. If this period lasts longer than three months, each of the parties is entitled to dissolve the agreement without owing any compensation.
  4. Insofar as Realtech has already fulfilled obligations under the agreement in part or in full at the time that the force majeure situation occurred, these activities do not need to be reversed and Realtech may send an invoice to the Client for this.

Warranties and Liability

  1. Realtech offers no guarantees with regard to delivered reports, software or its implementation and is not liable for any direct or indirect damage on the part of the Client, unless there is intent or gross negligence. Realtech is not liable for damage, of whatever nature, because Realtech has relied on incorrect and / or incomplete information provided by the Client;
  2. Insofar as Realtech is liable, this liability is limited to the amount of the invoice and, in the case of continuing performance agreements, to a maximum of the total amount of the invoices of the past three months, at least to that part of the invoice to which the liability relates.
  3. Realtech's liability never exceeds the amount for which Realtech is insured.
  4. The Client indemnifies Realtech against all claims from third parties in connection with (the implementation of) the agreement between Realtech and the Client.

Terms of payment

  1. The client must submit the invoice on behalf of a Maklr. Knowing to have fulfilled the agreement, before delivery of the report will take place. Realtech will therefore not deliver until the invoice for this agreement has been paid.
  2. Client serves for a Maklr. Sell agreement to prepay the first three months. The scoring software is only supplied by Realtech after this first invoice has been paid. After this, Realtech will send a monthly invoice per construction number, which must be paid within 21 days of the invoice date.
  3. Client serves for the Maklr. Sales agreement to pay the invoice for the sales tool, ie start-up costs and construction number fee in advance. Client only gets access to the tool after this invoice has been paid.
  4. If timely payment is not made, Realtech is entitled to charge all necessary collection costs and other extrajudicial collection costs to the Client, to be charged as interest of 2% per month, whereby part of the month counts as a whole month.

Intellectual Property

  1. Realtech is the owner of all works and codings produced by them. Realtech only grants the Client a license for the use of these works, as long as an agreement exists between Realtech and the Client.
  2. The Client is not permitted to transfer the license or grant sub-licenses.
  3. The license will lapse as soon as the agreement ends, the Client has applied for a suspension of payments or is declared bankrupt.
  4. Realtech has the right to mention the names and logos of the Client and the names of the projects of the Client for which the services of Realtech have been deployed on its website and to use them in publications relating to Realtech, even after the end of the agreement.

Disputes

  1. Dutch law is applicable to these general terms and conditions and to all offers and quotations from Realtech and to all legal relationships between Realtech and the Client.
  2. Complaints must first be reported to Realtech, so that they have the opportunity to remedy any complaint.
  3. If the parties are unable to reach an amicable settlement within a period of three months, one of the parties is entitled to submit the dispute to the competent court in the district of The Hague.