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Legal

Terms and conditions

Translation. This is a translation for your convenience. Only the Dutch version is binding.

Draft – not valid

This is a first draft to show which topics need to be covered. The text has not been drafted or reviewed by a lawyer, the company has not yet been incorporated and amounts, periods and details are still missing. No rights can be derived from it and no agreements are concluded on the basis of this text.

Version: draft of [DATUM]

1. Definitions

  • Okloq: Constructim B.V., established in 5038 DK Tilburg, the Netherlands, Chamber of Commerce (KvK) no. 91374693.
  • Customer: the company or organisation that enters into an agreement with Okloq. Okloq supplies business customers only.
  • User: an employee of the customer for whom a seat is in use.
  • The app: Okloq’s program for Windows that runs on the user’s computer.
  • The service: Okloq’s online service and portal in which approved hours, employees, settings and integrations are managed.
  • Integration: the connection through which the service delivers approved hours to third-party software used by the customer.

2. Applicability

These terms apply to every offer from Okloq and every agreement concerning the use of the app and the service. The customer’s terms do not apply unless Okloq has accepted them in writing.

3. The licence

For the term of the agreement, the customer receives a non-exclusive and non-transferable right to use the app and the service for the agreed number of seats. The customer may not resell, rent out or copy the software.

The licence has an end date. After that date, or after fourteen days without contact between the app and the service, the app stops measuring. What has already been measured and approved remains on the user’s computer.

4. Price and payment

The price is [AMOUNT] per user per month, excluding VAT. [INVOICING PERIOD, PAYMENT TERM, PAYMENT METHOD, PRICE CHANGES AND INDEXATION]

5. Term and termination

[TERM, RENEWAL AND NOTICE PERIOD]

After the agreement ends, the customer can still download the approved hours as a file for [PERIOD]. After that, Okloq deletes the customer’s data from the service.

6. What Okloq provides, and what it does not

Okloq makes reasonable efforts to keep the app and the service working properly and to fix errors within a reasonable time. [AVAILABILITY, MAINTENANCE AND SUPPORT]

The app proposes the hours for a day. That proposal may be incomplete or incorrect: work away from the computer is not measured and a project is only recognised if its number is visible. The user checks the proposal and approves it personally. The customer remains responsible for the accuracy of the hours it bills, invoices or reports.

7. Integrations with third-party software

An integration depends on third-party software, which may change without notice. Okloq makes reasonable efforts to keep an integration working, but does not guarantee the availability or functioning of the third party’s software. The customer checks in its own software that the hours and invoices have arrived correctly. Invoices and sales orders are only created after the customer’s administrator has checked and confirmed them.

8. Customer obligations

  • The customer informs its employees in advance about the use of Okloq and complies with its own obligations under data protection law and, where applicable, the Dutch Works Councils Act (Wet op de ondernemingsraden) or comparable employee participation rules.
  • The customer keeps pairing codes, passwords and keys secret and revokes any device that is lost or no longer used.
  • The customer does not use Okloq to monitor employees’ behaviour in a way that goes beyond recording hours.

9. Privacy and confidentiality

For the personal data Okloq processes on the customer’s behalf, the parties conclude a data processing agreement. A draft of it is available on the page Data processing agreement. Okloq keeps confidential whatever it learns about the customer and the customer’s clients. An Okloq specialist only provides remote support after a user has allowed it on each occasion; every access is recorded in the customer’s activity log.

10. Intellectual property

All rights to the app, the service and the documentation remain with Okloq. The customer’s data remains the customer’s.

11. Liability

[LIABILITY CLAUSE, TO BE DRAFTED BY A LAWYER]

12. Changes

Okloq may change these terms and will announce this at least [PERIOD] in advance.

13. Governing law and disputes

The agreement is governed by Dutch law. Disputes will be submitted to the competent court of the [RECHTBANK].