Terms and Conditions Hooray

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Terms and Conditions of Hooray B.V.

These are the Terms and Conditions for Hooray’s End Users. Hooray provides an online accounting program via its Platform that helps businesses to simplify and automate their HR (personnel) matters. When you use HoorayHR, the following terms and conditions apply.

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1. Terms and definitions

These Terms and Conditions assign the following meanings to the terms that are written below with a capital letter:

Terms and Conditions: these Terms and Conditions of Hooray, version dated March 2022

Third Party Products: all Products and software from third parties that the User uses, as well as their resulting features;

User: each user of the Platform;

Hooray: the BV (private limited company) Hooray BV, registered in the Dutch commercial register under number: 71997288

Agreement: the agreement entered into between Hooray and the User for using the Platform and/or the Additional Applications;

The Parties: Hooray and the User jointly, with each individually referred to as a ‘Party’;

Platform: the use made of the Hooray software program that is provided as a SAAS (Software as a Service) service via the Internet, consisting of the ‘Basic Platform’ and the ‘Additional Applications’.

Products: the products, services, features/facilities and/or projects provided by Hooray and the related activities as part of the relationship between Hooray and the User;

Website: https://hoorayhr.io

2. Applicability and binding nature

  1. These Terms and conditions apply to all use made of the Platform via the Website or via (mobile or other) applications, as well as to all legal relationships between the Parties that arise from it. When using the Platform, the User accepts the Terms and Conditions and the Privacy statement.
  2. Deviations from these Terms and Conditions can only be agreed in writing with an authorised representative of Hooray.
  3. A reference by the User to his own terms and conditions has no effect, unless the User expressly and unequivocally rejects these Terms and Conditions before the Agreement commences. An Agreement is only formed once the Parties have reached agreement on it. In the other cases, any terms and conditions of the User and other provisions that are printed in documents from the User are expressly declared to be inapplicable.

3. Formation of an Agreement

  1. It is true for each agreement with Hooray that it is not formed until a user account has been created or until – in the future – one of the Hooray applications has been installed and until our Terms and Conditions and Processing agreement have been accepted.
  2. The User declares and warrants with respect to Hooray that all acts referred to in the previous paragraph have been carried out by a representative authorised to do so on the User’s behalf.
  3. The User cannot derive any rights from the content of Hooray’s Website, folders, printed matter etc., with this content not being binding on Hooray unless it is expressly referred to in an Agreement.

4. Content of the Platform and the Service Level

  1. When a user account is created, the User acquires a non-exclusive, worldwide, non-transferable and non-sublicensable right of use for the Platform.
  2. Hooray ensures that the Platform is sufficiently secure. In order to prevent the loss of and wrongful processing of data, Hooray takes suitable technical and organisational measures that take into account the risks to be mitigated, the state of the art and the costs of the security measures. Additional arrangements and conditions are set out in the Privacy statement and the Processing agreement.
  3. At all times, Hooray is entitled to: a) implement changes to and upgrades of the Platform, this including the expansion, amendment or scrapping of specific functionalities, and b) to change the location from where the Platform is hosted. The above to the extent that Hooray deems it necessary and does not materially impair the Platform’s functionality, irrespective of whether the Platform is then no longer available via certain operating systems and/or hardware.
  4. Hooray is entitled to temporarily take the Platform out of service in order to carry out maintenance work or to implement changes or upgrades without the User being able to claim any compensation. As far as possible, Hooray aims to give advance notice of such maintenance work.

5. User's responsibilities

  1. The User is responsible both for the use made of the user account and for all acts that are carried out via the Platform using the user account.
  2. The User is responsible for checking for errors in the data entered via the Platform, as well as for the correctness and accuracy of the information that originates from the Platform.
  3. The User is responsible for the correct operation of any Third Party Products and/or for links with these Third Party Products, in so far as they are used to exchange data with the Platform.
  4. The User will not carry out any acts that violate either the Agreement, these Terms and Conditions, statutory provisions (if any), the public order or common decency. The User will refrain from:a) using the Platform for illegal activities and from storing illegal or unlawful data via the Platform;
    b) using the Platform to place or disseminate viruses, worms, malware, junk mail, spam, chain letters, phishing e-mails or destructive codes;
    c) posing as another party or as Hooray, including by publishing websites;
    d) infringing, testing or researching the security of the Website, Platform or related matters.
  5. The User will not use the Platform to infringe the intellectual property rights of Hooray or third parties. The User will not use or publish any information, images, brand names, trade names or other Website materials without Hooray’s consent.

6. Fees and payment

  1. Hooray gives every User the opportunity to use the Platform free of charge during the first 14 days after the Agreement as referred to in Article 3 paragraph 1 has been concluded. Hooray has the right to waive this if the User has already entered into an Agreement with Hooray on an earlier date.
  2. For continued use of the Platform, after the period as referred to in the previous paragraph, the User must agree to the rates specified by Hooray in the Platform. User agrees by providing valid payment details and authorizing the collection of the monthly fee by SEPA direct debit or credit card.
  3. All prices quoted by Hooray are exclusive of ‘BTW’ (Dutch VAT), unless stated otherwise on the monthly invoices that Hooray is to send before the direct debit is collected.
  4. Reimbursements due as a result of continued use as referred to in paragraph 3 will be collected automatically. This will be specified with the next invoice.
  5. Hooray is entitled to adjust the prices for the Additional Applications. In that case, Hooray will communicate the amended prices in writing at least one month beforehand. If this adjustment exceeds 10% and the User does not wish to accept such an adjustment then he is entitled to terminate the agreement no later than 30 days after the above communication and to do so as at the date on which the adjustment is to actually come into force.
  6. If the User fails to pay on time or if the direct debit is refused then Hooray will try to collect the owed amount again by SEPA direct debit or credit card or by written reminder. If the payment is still not forthcoming then Hooray is entitled to charge the statutory interest and extrajudicial payment collection costs.

7. Termination and ending

  1. The User is entitled to terminate the Agreement with Hooray at any time. Termination must be made either in writing (by e-mail) or via the administrator section of the user account.
  2. The termination will be processed as at the end of that month. The User is not entitled to a refund for that part of the month that remains following the termination.
  3. If the User does not make use of the option of continued use as provided for in Article 5 paragraph 2 after the period as referred to in Article 5 paragraph 2, the Agreement will automatically be terminated by operation of law without further notice.
  4. Hooray is entitled to suspend the Agreement with the User with immediate effect or to terminate it in whole or part without judicial intervention in the following cases:a) If after entering into the Agreement Hooray learns of circumstances that give Hooray a well-founded reason for fearing that the User will not fulfil his obligations;
    b) in the event of the User’s winding-up, bankruptcy or payment moratorium;
    c) if the User is otherwise in default and fails to fulfil his obligations arising from the Agreement, Data Processing Agreement and/or these Terms and Conditions.
  5. The provisions in the previous paragraph do not affect the User’s obligation to reimburse Hooray for the damage suffered by the latter and are without prejudice to the other rights that Hooray is entitled to.

8. Liability and indemnification

  1. The User accepts the Platform in the condition in which it is provided to him. Hooray does not provide any warranties or declarations that the Platform is available at all times on every operating system, browser or hardware equipment or that it is free of breakdowns and/or defects or that any defects will be repaired.
  2. Hooray accepts no liability for:a) indirect damage such as consequential loss/damage, lost profits, missed savings, missed usage, lost opportunities, damage caused by (full or partial) business interruption and damage done to goodwill;
    b) damage resulting from errors in the Platform’s systems, in so far as the User can prevent this damage by entering data or by checking information from the system, including when this is done by an expert third party;
    c) damage done because the User has neglected to make an external back-up/copy of the data entered on the Platform for his own records;
    d) damage caused at the User and/or third parties as the result of changes and/or adjustments to the Platform, as referred to in Article 4 paragraph 5 or as the result of failure to comply with the provisions in Article 5;
    e) damage caused at the User through misuse of the administrator’s account.
  3. Unless there is intent or deliberate recklessness on the part of Hooray, Hooray’s liability in respect of this Article 7 is limited to the direct damage and to the amount that equals the fee that the User owes Hooray for the year in which the event that caused the damage occurred. In so far as Hooray is insured for this damage, his liability is limited to the amount that the insurer pays out in the case in question.
  4. The User indemnifies Hooray against third-party claims for compensation in connection with any infringement of the provisions in Article 5, as well as against all damage and costs that arise from this for Hooray.

9. Force majeure

  • Hooray is not liable for the consequences of force majeure, this in all cases including decisions and measures by the authorities, international conflicts, violent or armed protests, work irregularities, lockouts and boycotts, disruptions at companies or institutions whose services are being used, unforeseeable standstills at suppliers or other third parties or in respect of Third Party Products that Hooray is dependent on, and fire.
  • If the state of force majeure has lasted for thirty days then both Parties are entitled to terminate the Agreement. The User is not entitled to compensation for force majeure.

10. Data processing, privacy and confidentiality

  1. The User is the owner of his own information and (personal and other) data (hereinafter: ‘the data’) and accordingly is himself responsible for protecting the data that is sent, processed or stored via the Platform. Each Party is obliged to keep confidential the data entered via the Platform and to refrain from sharing it with unauthorised third parties without the prior express written consent of the other Party, unless a Party is legally obliged to share it.
  2. By virtue of the applicable legislation and regulations regarding the processing of personal data (including the GDPR (the General Data Protection Regulation), known in the Netherlands as the ‘AVG’), the User has obligations with respect to third parties, including the obligation to provide information and to permit access to it, and to the limitation, rectification and deletion of data subjects’ personal data and the transferring of this personal data to another controller.
  3. The Parties are in agreement that within the meaning of the GDPR, Hooray is deemed to be the ‘Processor’ for the processing of personal data. The User is deemed to be the ‘Controller’ within the meaning of the GDPR, since the User determines the purpose and the resources and accordingly is responsible for the processing of personal data. The arrangements between the Parties about the further data processing are set down in a separate Processing agreement.
  4. The User warrants with respect to Hooray that the processing of personal data takes place lawfully and that no third-party rights are infringed.  The User indemnifies Hooray against any legal third-party claim that arises for whatever reason in connection with the processing of personal data, as well as against any fines imposed on Hooray by either the DPA (the Dutch Data Protection Authority) or another competent supervisory authority and for which Hooray is culpable.

11. Final provisions

  • Hooray is entitled to amend these Terms and Conditions. In that case, Hooray will inform the User about this by sending him the amended Terms and Conditions by digital/electronic transmission.
  • All legal relationships between Hooray and the User are solely governed by Dutch law.
  • Any and all disputes that may arise between the Parties in connection with the Agreement or with other agreements and other acts that are related to the Agreement will be settled by the competent court of the Central Netherlands district court that Hooray comes under, this unless this option should be precluded by mandatory competition rules.
  • The transfer of either rights or an agreement to a third party, this including a parent company, sister company or subsidiary, is not permitted unless and until the User has obtained Hooray’s consent for the transfer to this third party.
  • If any provision of the Agreement or these Terms and Conditions cannot be invoked or is invalid or null and void then the remaining provisions or terms remain in force in full. If this situation arises, the Parties agree that they will discuss, agree and replace the invalid or null and void provision with a provision whose content and scope corresponds as much as possible to that of the invalid or null and void provision.