Terms and Conditions

4.1 Insofar as the Services consist of the delivery of (standard) booking modules which can be integrated on the website of Customer, these are delivered as soon as Customer gains access to the relevant module through the Platform. After delivery of the booking module by SimpleStay, Customer is responsible for its implementation. Reasonable support in case of questions about the implementation takes place under the conditions included in Article 9. If (i), in the opinion of SimpleStay, the implementation support requested by Customer extends beyond simple user questions, or (ii) Customer explicitly requests SimpleStay to provide implementation work, such implementation work will, after written approval of Customer, be charged at SimpleStay's then current hourly rates.

5.1 If SimpleStay has performed work or other services that fall outside the content or scope of the agreed work and/or services at the request or with the prior consent of Customer, this work or these services will be paid for by Customer in accordance with SimpleStay's usual rates. SimpleStay is never obliged to comply with such a request and may require that a separate written agreement be concluded for this purpose.

5.2 Customer accepts that work or services as referred to in this article may affect the agreed or expected time of completion of the services and the mutual responsibilities of Customer and SimpleStay. The fact that (the demand for) additional work occurs during the execution of the Agreement shall never be a ground for Customer to terminate or dissolve the Agreement.

5.3 Insofar as a fixed price has been agreed for the services, SimpleStay will inform Customer in writing in advance about the financial consequences of the additional work or services as referred to in this article.

6.1 Customer shall provide all cooperation required for the proper performance of the Agreement by SimpleStay, including by timely providing all useful and necessary data and/or information requested by SimpleStay and by informing SimpleStay of all facts and circumstances that may be relevant to the proper performance of the Agreement.

6.2 If Customer uses data, content and/or materials in the context of the Service, Customer guarantees that these data, content and/or materials are legally permissible and do not infringe any rights of third parties. SimpleStay is not obliged to investigate whether data, content and/or materials infringe any rights of third parties.

6.3 Customer shall refrain from any use of the Service that is unlawful or harmful to SimpleStay, its suppliers, its other customers or third parties. In particular, Customer shall:

a) not attempt to gain unauthorized access to the Service, computer systems or networks connected to the Service; b) not interfere with the Service or servers and networks connected to the Service; c) comply with all applicable laws and regulations; d) not infringe any intellectual property rights of third parties; e) not distribute viruses, malware or other harmful computer code; f) not engage in activities that could harm the reputation of SimpleStay.

7.1 If the Service extends to making websites and/or other applications available via the Internet (hereinafter 'Hosting'), the provisions of this Article 7 shall apply.

7.2 SimpleStay may set a limit to the amount of data traffic and storage which Customer may or actually can use through the Service. If the Parties have not agreed on this, a limit based on fair use will apply.

7.3 If Customer exceeds the applicable limits, SimpleStay is entitled to charge an additional fee in accordance with the amounts stated in the Agreement for the excess use. If no amounts have been agreed upon, SimpleStay's standard rates shall apply.

7.4 Customer accepts that the performance of the Service may be negatively affected if Customer or other customers of SimpleStay exceed the applicable limits.

8.1 If the Service includes SimpleStay mediating for Customer in obtaining a domain name and/or IP address, the provisions in this Article 8 shall apply.

8.2 Application for, allocation of and possible use of a domain name and/or IP address depend on and are subject to the applicable rules and procedures of the relevant registering authorities, such as the Foundation for Internet Domain Registration in the Netherlands. The relevant authority decides on the allocation. SimpleStay only plays a mediating role in the application and gives no guarantee that an application will be honored.

8.3 Customer can only learn of the registration of a domain name and/or IP address from the confirmation of registration issued by SimpleStay, stating that the requested domain name has been registered. An invoice for registration costs is not a confirmation of registration.

8.4 SimpleStay is not liable for the loss by Customer of its right(s) to a domain name and/or IP address or for the fact that the domain name and/or IP address is requested and/or obtained by a third party in the interim, except in case of intent or deliberate recklessness of SimpleStay.

8.5 If SimpleStay registers a domain name in its name on behalf of Customer, SimpleStay will cooperate with requests from Customer to move, transfer or delete this domain name.

9.1 SimpleStay provides comprehensive documentation related to the Platform for troubleshooting and general usage support, including a 'frequently asked questions' section. This documentation is available through the Website.

9.2 SimpleStay will provide a reasonable level of support to Customer regarding questions about the Platform. The support is offered through a Helpdesk which is available during business hours both by phone and email. See also the support page on the Website. SimpleStay assumes that Customer first consults the documentation before contacting the Helpdesk. SimpleStay can refer Customer back to the documentation if his question or request can be solved with the help thereof.

9.3 SimpleStay strives to handle Helpdesk requests within a reasonable period of time. Depending on the nature of the request, the time required for responding to notifications and resolving notifications may vary.

10.1 Data that Customer stores or processes via the Platform is and remains the property of Customer. The control over the Data is therefore at all times vested in the Customer. SimpleStay has a limited right to use the Data for the provision of the Services, including future aspects thereof.

10.2 If Customer sends information to SimpleStay, for example feedback about an error or a suggestion for improvement, Customer grants SimpleStay an unlimited and perpetual right to use this information for the Platform. The foregoing does not apply to information which Customer expressly marks as confidential.

10.3 The customer is solely responsible for the provision of Data to the Platform. SimpleStay is not liable for any inaccuracies after loading or when synchronizing the Data, unless there is intent or deliberate recklessness on the side of SimpleStay.

11.1 Customer may only use the Platform in and for the benefit of its own business in accordance with the Agreement. Customer is not permitted to make the Platform available to third parties.

11.2 Customer is fully responsible for the acts and omissions of its own Users in their use of the Service. Customer indemnifies SimpleStay for claims of its Users in connection with all damages and costs arising from and/or related to its Users' use of the Service.

11.3 Customer warrants that the Platform will not be used for activities in violation of any applicable laws or regulations. In addition, it is expressly prohibited (whether lawful or not) to offer, store or distribute through the Platform any materials that:

11.4 Customer determines what Data is stored using the Platform and is fully responsible for how Customer and its Users use the Platform. SimpleStay has no knowledge of such Data or particular insight in Customer's use of the Platform. Customer is responsible for ensuring that the Data and the use of the Platform is lawful and does not infringe any rights of third parties.

11.5 Customer shall always promptly notify SimpleStay electronically of any change in name, email addresses and other data which are important for the performance of the Service by SimpleStay. The aforementioned change in data can be made through the Platform.

12.1 If SimpleStay finds that Customer violated the Agreement or the applicable law, or receives a complaint regarding such, SimpleStay will inform and warn Customer thereof. If this does not lead to an acceptable solution, SimpleStay may itself intervene to end the violation. If necessary, SimpleStay is entitled to temporarily block or limit the access by Customer to the Platform and/or to block and/or remove (or have removed) access to certain Data. In urgent or serious cases, SimpleStay may intervene without warning.

12.2 If, in SimpleStay's opinion, any nuisance, damage or other danger arises to the functioning of the Platform, in particular due to excessive sending of data, activities of viruses, Trojans and similar software, SimpleStay has the right to take all measures which SimpleStay reasonably considers necessary to avert or prevent this danger.

12.3 SimpleStay has at all times the right to report detected criminal acts. Furthermore, SimpleStay has the right to hand over the name, address, IP address and other identifying data of Customer to a third party complaining about an infringement by Customer of its rights, provided that the applicable legal or jurisprudential requirements are met.

12.4 Customer will indemnify and hold SimpleStay harmless from any claim, charge or lawsuit of any third party in connection with (the content of) the data traffic or Data posted or distributed by Customer and/or its Users, through (the use of) the Platform.

13.1 SimpleStay will, in case of a valid termination of the Agreement, and in accordance with the Agreement, at the request of Customer, the request of which must have been submitted before or at the time of the termination, use its best efforts to provide cooperation in order to enable transfer of Data to another service provider. The foregoing is at all times limited to the possibilities as offered by SimpleStay and applies only if Customer has fulfilled all its obligations under the Agreement.

13.2 For the cooperation referred to in the previous paragraph, SimpleStay will apply its then current hourly rate for Customer. All costs of the transfer to another service provider shall be borne by Customer.

14.1 All Intellectual Property Rights to the Platform and all materials developed by SimpleStay under the Agreement rest exclusively with SimpleStay or its licensors. Nothing in the Agreement is intended to transfer any rights to Customer.

14.2 Customer only acquires the rights of use and powers that arise from the scope of the Agreement or that are granted in writing and otherwise will not reproduce or copy the Platform or other materials of SimpleStay.

14.3 Customer is not permitted to remove or modify any designation concerning copyrights, trademarks, trade names or other intellectual property rights from the Platform, including designations concerning the confidential nature and secrecy of the Platform.

14.4 SimpleStay has the right to use technical measures to protect the Platform. If SimpleStay has secured the Platform by means of technical protection, Customer is not allowed to remove or bypass this security.

15.1 For the use of the Platform, Customer must pay the fees as specified in the Agreement. All prices are in euros and exclusive of VAT and other government levies.

15.2 SimpleStay is entitled to adjust the applicable prices and rates annually on the basis of the Consumer Price Index (CPI) of Statistics Netherlands. In addition, SimpleStay has the right to adjust its prices and rates in the interim with due observance of a term of at least two (2) months.

15.3 If Customer does not agree with a price adjustment announced by SimpleStay, Customer has the right, until the date on which the price adjustment takes effect, to terminate the Agreement in writing with effect from the date on which the adjustment would take effect.

15.4 Customer agrees to electronic invoicing by SimpleStay.

15.5 Unless agreed otherwise, SimpleStay will collect amounts owed monthly in advance by means of automatic collection for which Customer has given authorization. If collection proves impossible, Customer will be informed thereof and SimpleStay has the right to charge administration costs.

15.6 If Customer believes that (part of) an invoice is incorrect, Customer must report this to SimpleStay within fourteen (14) days after the invoice date. The payment obligation of the disputed (but not the undisputed) part is suspended until SimpleStay has investigated the complaint. If after investigation by SimpleStay it appears that the complaint was unjustified, Customer must still pay the disputed amount within seven days.

16.1 The Agreement is entered into for the term specified in the Agreement. If no term is specified, the Agreement is entered into for a term of one (1) year. Unless one of the Parties terminates the Agreement in writing with due observance of a notice period of one (1) month before the end of the aforementioned period, the Agreement will be tacitly renewed for the same period.

16.2 SimpleStay has the right to terminate the Agreement with immediate effect, without any notice of default being required, if: a) Customer has been declared bankrupt; b) Customer has been granted a suspension of payments; c) the company of Customer is dissolved or liquidated; d) Customer fails to comply with one or more of its obligations under the Agreement.

16.3 After termination of the Agreement, regardless of the reason for termination, SimpleStay will immediately block Customer's access to the Platform and delete or destroy all Data, unless and insofar as any statutory provision opposes this. SimpleStay is not obliged to convert Data to a different format upon termination.

16.4 The termination of the Agreement, for whatever reason, shall not affect the provisions which by their nature are intended to survive termination.

17.1 The liability of SimpleStay for direct damage suffered by Customer as a result of an attributable failure by SimpleStay to fulfill its obligations under the Agreement, or on any legal ground whatsoever, is limited per event (whereby a series of consecutive events counts as one event) to the amount paid by Customer to SimpleStay in the three (3) months prior to the event causing the damage.

17.2 SimpleStay's liability for indirect damage, including but not limited to consequential damage, loss of profit, lost savings, reduced goodwill, damage due to business interruption, damage resulting from claims by Customer's customers, damage related to the use of third-party goods, materials or software prescribed by Customer, and damage related to the engagement of suppliers prescribed by Customer, is excluded.

17.3 The limitations of liability mentioned in the preceding paragraphs of this article shall not apply if and insofar as the damage is the result of intentional misconduct or gross negligence on the part of SimpleStay.

17.4 Any claim for damages against SimpleStay shall expire by the mere lapse of twelve (12) months after the claim arises.

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18.1 Neither party is obliged to fulfill any obligation if prevented from doing so as a result of force majeure. Force majeure includes, but is not limited to: military actions, government actions, strikes or work stoppages, riots, war, terrorist actions, epidemics, power outages, internet failures, network failures, denial-of-service or other network attacks, fire, explosion, accidents, floods and any other circumstances beyond SimpleStay's reasonable control.

18.2 If a force majeure situation lasts longer than sixty (60) days, each party shall have the right to terminate the Agreement in writing. In such case, all that has been performed under the Agreement shall be settled proportionally, without the parties owing each other anything else.

19.1 Each party shall ensure that all information received from the other party that is known or should reasonably be known to be confidential in nature is kept strictly confidential. The party receiving confidential information shall only use it for the purpose for which it was provided.

19.2 Information shall in any case be considered confidential if it is designated as such by either party or if this follows from the nature of the information. The content of the Agreement is also considered confidential.

19.3 The confidentiality obligations shall not apply if and insofar as there is a legal obligation to make the information available to third parties.

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20.1 Customer is not entitled to transfer its rights and obligations under the Agreement to third parties without the prior written consent of SimpleStay.

20.2 SimpleStay is entitled to transfer its rights and obligations under the Agreement to third parties that take over the Platform or the business activities of SimpleStay.

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21.1 The Agreement and all legal relationships arising from or in connection with it are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

21.2 All disputes that may arise between SimpleStay and Customer shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

22.1 The version of any communication, records and measurements recorded or maintained by SimpleStay shall be considered authentic, unless Customer provides proof to the contrary.

22.2 If any provision of the Agreement is found to be invalid, this shall not affect the validity of the entire Agreement. In such case, the parties shall determine a new provision to replace the invalid provision, whereby the purpose and meaning of the invalid provision shall be taken into account as much as possible.

22.3 The headings above the articles of these Terms and Conditions are for reference only and do not affect the interpretation of the provisions.

23.1 SimpleStay is registered with the Chamber of Commerce under number 84912456. For questions about these Terms and Conditions, please contact us via support@SimpleStay.com.

23.2 These Terms and Conditions have been filed with the Chamber of Commerce and are available on the SimpleStay website. The version of the Terms and Conditions as filed at the time of conclusion of the Agreement shall always apply.

23.3 SimpleStay is entitled to amend these Terms and Conditions. Amendments also apply to Agreements already concluded with due observance of a term of 30 days after publication of the amendment on the SimpleStay website or by electronic communication.

23.4 Changes with minor impact and changes due to new legislation may be implemented at any time.

23.5 If Customer does not wish to accept an amendment to these Terms and Conditions, it can terminate the Agreement until the date on which the new terms and conditions take effect.