Acceptance of Terms
Changes to Software
Registration and Passwords
You must register to access and use the Software. You are responsible for maintaining the security of your account, passwords, and files. Reflex Online will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Reflex Online in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Service. Reflex Online has no knowledge of your organizational structure, if you are registering for the Services as an entity, or your personal relationships, if you are a person. Reflex Online shall not be responsible for the actions of any individuals who misuse or misappropriate your account data or other assets using your username and password or other appropriate account identifying information.
Renewing and termination of agreement
This Agreement will automatically renew upon the expiration of the Initial Term unless terminated by you or Reflex Online, and we will automatically invoice you upon renewal. By entering your credit card information in the Billing section of the Software, you authorize us to process your invoice by credit card at the time of renewal. Unless otherwise indicated in the billing information portion of the Scheduler and/or related invoices.
If Reflex Online charges your credit card and the payment does not go through, Reflex Online reserves the right to suspend your access to the Software. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Reflex Online reserves the right to cancel your account. In the event Reflex Online cancels your account for non-payment, all amounts due and unpaid from you to Reflex Online for use of the Services shall become immediately due and payable.
Any relevant party can end the agreement without notice at any moment under the following circumstances:
a. When a violation of the agreement occurs and no attempt to rectify the violation occurs within a 30 day period of notification of violation.
b. In case of insolvency or bankruptcy of relevant parties leading to cancellation or deferment of payments.
c. In case of liquidation, merger, takeover or bankruptcy of relevant parties.
Intellectual ownership and Copyright
General terms and conditions notwithstanding, Reflex Online retains all rights and powers afforded to themselves by all relevant copyright law(s).
All Reflex Online components supplied, such as reports, recommendations, agreements, designs , sketches, drawings, software etc. have been exclusively intended to be used by you and cannot be made public, or to a third party, without express written consent of Reflex Online. Moreover it has not permissible for the client to use resources to change or alter (trade) rights, trading names or other intellectual property.
Reflex Online guarantee an availability level of 99.50%, where availability has been defined as access to Reflex, your data and incoming IP-address which is managed by Reflex Online or on behalf of Reflex Online.
Doing everything within reason to detect errors and/or trace loose ends in Reflex and try to repair any errors which are reported by you (and as far as that is present).
Recovery of lost data is not covered under normal maintenance activities. Reflex Online will charge the costs of recovery of data to you in case of should the client have been deemed responsible for the loss of data.
Reflex Online make a daily backup of all system files and guarantee a restore period of 30 days prior. Restoration can be done on application during office hours and during working days. The restored data is available within 1 working day.
Reflex Online takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Reflex liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on any Account Pages. Your use of the Account Pages is at your own risk. As a provider of interactive services, Reflex Online is not liable for any statements, representations or Content provided by its users or other third parties. Although Reflex Online has no obligation to screen, edit or monitor any of the Content posted by users and third parties, Reflex Online reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Account Pages at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REFLEX ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOR DOES REFLEX ONLINE GUARANTEE THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM OR RELATED TO THE SERVICE IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
REFLEX ONLINE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE RELATED TO THE SERVICE WILL BE CORRECTED. REFLEX ONLINE PROVIDES YOU THE ABILITY AND STRONGLY RECOMMENDS THAT YOU REGULARLY BACK-UP ALL DATA VIA REPORTS AND EXCEL FILES TO PRESERVE YOUR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREFLEX ONLINE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
Rights and Disputes
Dutch legal rights and conditions apply to both Reflex Online and you.
Parties have the right to have disputes heard by a judge should mutual agreement prove unworkable.
In case of disputes, both parties agree to the decision reached by the court in whose jurisdiction Reflex Online is based.
Both parties (including their employees and approved third parties) are obliged to maintain the confidentiality of all and any information which they have obtained within the framework of their agreement together or from any other source. Information is considered as confidential if this has been notified by the other party as such or if this stems from the information gleaned from either party. The confidentiality duty aforementioned remains in perpetuity. You will be permitted to share confidential information to a third party, if said information is kept for that purpose on the basis legal requirement or legal pronouncement. After such a request the client must inform Reflex Online of this immediately.