1. Definitions
- We or DanceAdmin: EXCITED software, owner Ed de Heus, Kamgrasstraat 30, 2288 HE Rijswijk, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 27144483.
- Customer: the dance school (or the person or organisation behind the dance school) that uses DanceAdmin, in the course of a profession or business.
- Service: the online software DanceAdmin, with the related websites, forms, widgets, the student portal and our support.
- Users: the people to whom the customer gives access to the service, such as administrators, staff and teachers.
- Data: all data that the customer or its users, students and applicants enter into the service.
2. Applicability
These terms apply to every request, trial month and agreement concerning the service. The customer's own general terms do not apply. The service is intended for business use; these terms are not written for consumers.
3. Trial month
A new customer can use the service free of charge for one month, with the dance school's own data. The trial month does not renew automatically and involves no obligation. If the customer wants to continue after the trial month, they let us know and the subscription starts. If the customer does not continue, we handle the data as described in article 10.
4. Subscription and cancellation
- The subscription runs per calendar month and is renewed by one month each time. There is no annual contract.
- The customer can cancel at any time by email to [email protected]. The subscription ends at the end of the current month; that month is not refunded.
- We can terminate the subscription with three months' notice, or immediately if the customer seriously or repeatedly breaches these terms.
5. Price and payment
- The price is shown on danceadmin.com/en/pricing. Amounts include VAT unless stated otherwise.
- We invoice monthly in advance, around the 28th of the month for the following month. The customer pays via Mollie (iDEAL or direct debit) within 14 days.
- We announce a price change by email at least one month in advance. If the customer does not agree, they may cancel as of the date on which the new price takes effect.
- If the customer does not pay on time, we send a reminder. If payment has still not been made 14 days after that reminder, we may block access to the service until payment is made. The data remains stored.
6. The service
- We provide the service via the internet and do our best to keep it available properly, securely and without interruptions. We cannot guarantee uninterrupted operation.
- We carry out maintenance at quiet times as much as possible. We announce planned maintenance in advance if the service will be unavailable for a longer period.
- We continuously improve the service and may change features. If a feature that is essential to the customer disappears, the customer may cancel immediately.
- We provide support by email, in Dutch or English, on working days. As a rule we respond within one working day.
7. What we expect from the customer
- The customer keeps the login details secret, only gives access to the right people and decides their permissions. Whatever happens through the customer's accounts is the customer's responsibility.
- The customer uses the service in accordance with the law. They inform their students with their own privacy statement and only enter data they are allowed to process.
- The customer does not use the service to send spam, does not try to circumvent its security and does not place an unreasonable load on it.
- Payments by students go through the customer's own account with Mollie (or another payment provider). The terms of that payment provider apply to them.
8. Data and privacy
- The data is and remains the customer's. The customer can export it at any time (including to Excel).
- For the personal data of students and other data subjects, the customer is the controller and we are the processor. The data processing agreement forms part of this agreement.
- How we handle the data of our customers and users is described in the privacy statement.
9. Intellectual property
The software, design and texts of DanceAdmin remain ours. For as long as the subscription runs, the customer has the right to use the service for its own dance school. This right is not transferable.
10. After cancellation
- After the subscription ends (or after a trial month without continuation), access to the service stops.
- We keep the data for another 6 months, so that the customer can still have it exported or can come back. After that we delete it permanently, including from the backups as soon as they are replaced in the normal cycle. On request we delete it sooner.
- We keep invoices and our own accounts for as long as the law requires.
11. Liability
- Our liability is limited to direct damage and to the amount the customer paid us in the 12 months before the damage occurred.
- We are not liable for indirect damage, such as lost revenue or profit, missed registrations or damage caused by third parties' use of the service.
- These limitations do not apply in the case of intent or deliberate recklessness on our part.
- The customer reports damage as soon as possible and no later than 30 days after discovering it.
12. Force majeure
In the event of force majeure we are not liable for failing to meet our obligations, or failing to meet them on time. Force majeure includes a failure at a party we depend on, such as a data centre, internet connection, Cloudflare, Microsoft or Mollie. If the force majeure lasts longer than 30 days, either party may terminate the agreement.
13. Changes to these terms
We may change these terms. We send the customer the new version at least one month before it takes effect. If the customer does not agree, they may cancel as of the date on which the new terms take effect.
14. Applicable law
These terms and the agreement are governed by Dutch law. Disputes are submitted to the competent court in The Hague, but we first try to resolve them together.