Terms & Conditions

Terms and Conditions

Upon using the service MoneyBird on the website www.moneybird.com (hereafter: “MoneyBird”) of the company BlueTools B.V. (hereafter: “BlueTools”) registered at the Chamber of Commerce in Enschede under number 08155914, you agree to comply with the following Terms and Conditions. BlueTools retains at all times the right to modify the following Terms and Conditions, with or without notice. For an up to date version of these Terms and Conditions go to http://www.moneybird.com/terms.

General

1. These terms and conditions apply to all agreements made on behalf of MoneyBird between BlueTools and you unless otherwise agreed in writing.
2. Modifications and/or updating of these terms and conditions only become effective when agreed upon in writing between BlueTools and you.
3. Your own terms and conditions are explicitly rejected.
4. Failure to comply with these terms and conditions will result in the immediate closing of your account.
5. This English version of the Terms and Conditions is translated from the Dutch version. The Dutch version of the Terms and Conditions will always be leading in case of disputes.

Account conditions

1. You must be 18 years or older to use this service.
2. You must be a natural person, accounts registered by ‘robots’ or other automated methods are not allowed.
3. You must provide your personal information when completing the sign-up process.
4. Your login information is strictly private and must not be shared with any third parties.
5. You are at all times responsible for maintaining the privacy and security of your username and password, BlueTools will not be held liable for any damage or loss that may result from your failure to protect this information.
6. You are responsible for all activities and content that take place under your account (including those of users added to your account).
7. One (1) person or company may maintain no more than one (1) free account.
8. MoneyBird may not be used for illegal purposes; you must not violate Dutch law.

Payment and account changes

1. Billing occurs in advance each month via direct transfer or credit card. Additional costs, e.g. for the sending of invoices via MoneyBird Post, will be invoiced and collected thereafter.
2. Conversion from a free account to a paid account automatically results in the termination of the free account. Billing begins on the day of conversion.
3. All prices are exclusive of 19% VAT.
4. In the case of non-payment, you will be deemed in default by operation of law. You are, in that case, obliged to pay interest amounting to one percent (1%), unless the statutory interest is higher, in which case you are obliged to pay the statutory interest. The interest on the collectable amount will be charged from the moment of default until the moment that the amount is paid in full.
5. All judicial and extrajudicial collection charges, including legal fees, bailiffs fees and debt recovery services, shall be paid by you. Extrajudicial collection costs will be charged in accordance with the standard scale for such charges.

Termination

1. You are responsible for the termination of your account, termination can only be executed in the “Settings → Account” section of your own MoneyBird account. Other forms of termination are deemed invalid and will therefore not be processed.
2. Termination of your account (including billing) will proceed the moment you complete this termination.
3. Your data will be deleted 3 months after the termination of your account.
4. You are responsible for the statutory safekeeping of your invoices during and after the termination of your account.

Modifications to the service and prices

1. BlueTools reserves the right to make modifications to MoneyBird at any time, with or without notice.
2. BlueTools reserves the right to temporarily suspend MoneyBird activities, e.g. for maintenance, at any time, with or without notice.
3. BlueTools reserves the right to permanently cease MoneyBird activities. Notice hereto will be posted at least 3 calendar months in advance on http://www.moneybird.com.
4. BlueTools reserves the right to make changes in the prices charged for MoneyBird. These price changes will be posted on www.moneybird.com at least one (1) month in advance.

Copyright and ownership of content

1. BlueTools claims no property rights over the content and/or materials that you place in your account or sub-accounts. Your data remains your property. This data can, upon request, be made available to you up until 3 months after the termination of your account.
2. You may not (re)use HTML and/or CSS and/or imaging for personal or commercial gain without explicit permission from BlueTools.

Liability

1. Should BlueTools be deemed liable, then this liability is restricted to that as is stipulated in these conditions.
2. BlueTools is not liable for damage or loss of any kind incurred due to incorrect and/or incomplete information supplied by you.
3. BlueTools is in no way liable for indirect damage or loss, including consequential damage, loss of profits, lost savings, and loss incurred due to business stagnation.
4. BlueTools is only liable for direct damage or loss. By direct damage or loss is exclusively meant:
5. The reasonable costs of establishing the cause and extent of the damage or loss, insofar as the determination relates to direct losses within the sense of these Terms;
6. The necessary reasonable costs of letting inadequate performance of BlueTools comply with the agreement, insofar as these apply to BlueTools;
7. The reasonable costs incurred for preventing or reducing damages, as far as you can prove that these costs have led to a reduction of the direct damages in the sense of these terms and conditions.

Warranty

1. You indemnify BlueTools against any possible claims from third parties, including the costs of legal assistance, that suffer damage or loss as a result of the execution of the contract and where the cause is attributable to parties other than BlueTools.

Applied Law and Dispute Settlement

1. All legal relations involving BlueTools are governed exclusively by Dutch law.
2. Disputes between BlueTools and you will be settled exclusively by the competent court in the district of Almelo.

Miscellaneous

1. BlueTools strives to achieve the highest possible uptime. BlueTools is not liable in the case of force majeure.
2. BlueTools uses the services (hardware, software, network, data storage, etc.) of third parties in providing the service MoneyBird.
3. You may not attempt to hack into MoneyBird and/or set up websites masquerading as attached to BlueTools or MoneyBird.
4. You may not reproduce, copy, duplicate, sell or resell any components of MoneyBird or MoneyBird as a whole without express permission from BlueTools.
5. You may not use MoneyBird for the placing or sending of unsolicited content/email (SPAM).
6. You may not place worms and/or viruses and/or other forms of destructive code on MoneyBird.
7. BlueTools strives to ensure, but does not guarantee, that: 1) MoneyBird satisfies your specific wishes, 2) MoneyBird functions properly, 3) flaws in MoneyBird are rectified.
   For more information on Terms and Conditions email: info@moneybird.com.

Version: 10 December 2008