General Terms and Conditions

Article 1: General

In these General Terms and Conditions, Accenss refers to the private company with limited liability Accenss B.V., located at Lange Voorhout 15 (2514EA) in The Hague, the Netherlands, registered at the Chambre of Commerce under the number 74472445.
In these General Terms and Conditions, the term ‘client’ (‘Client’) shall mean: the (legal) person who uses the Service provided by Accenss and/or enters into an Agreement with Accenss.
In these General Terms and Conditions, service (“Service”) is understood to mean: the use of scribit.pro - video accessibility software, provided through the website of scribit.pro; www.scribit.pro and all other services provided by scribit.pro to the Client.
These General Terms and Conditions apply to every offer, quotation and agreement between Accenss and a Client to which scribit.pro has declared these General Terms and Conditions applicable, to the extent the parties have not expressly deviated in writing from these General Terms and Conditions.
By using the Service the Client is bound by and accepts these General Terms and Conditions.
Accenss reserves the right to update and change the General Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the General Terms and Conditions. Continued use of the Service after any such changes shall constitute the Client’s consent to such changes. The Client can review the most current version of the General Terms and Conditions at any time at: https://www.scribit.pro/terms.

Article 2: Agreement

To use the Service the Client - not being a legal entity - must be 13 years or older.
Any agreement between Accenss and the Client must be concluded in writing by way of use of the registration form on the website of scribit.pro.
The agreement may be terminated by either party at any time, without prejudice to the Client’s obligation to pay for the use of the Service.
The Client must be a human being or a legal entity. Accounts registered and Service uses by “bots” or other automated methods are not permitted and will be removed.
The Client is obliged to provide his legal full name, a valid email address, and any other information requested in order to complete the signup process.
All your personal data will be handled and processed in full compliance with the applicable Dutch and European legislation. Any personal data is disclosed to third parties according to our Privacy Policy which can be consulted at https://www.scribit.pro/privacy.
By using the Service the Client declares to have read, understand and accepted the Privacy Policy of scribit.pro.

Article 3: The account

The Client is fully responsible for maintaining the security of his account and password. Accenss cannot and will not be liable for any loss or damage from the Client’s failure to comply with this security obligation.
The client is responsible for all content posted and activity that occurs under his account (even when content is posted by others who have accounts under the Client’s account).
The Client shall not misrepresent itself or take on the identity of someone else while using the Service.
One person or legal entity may not obtain and maintain more than one (1) free trial account.
It is the Client’s own responsibility not to use the Service and/or his account for any illegal or unauthorized purpose. The Client must not, in the use of the Service and/or his account, violate any laws in both its own jurisdiction as the jurisdiction in the Netherlands (including but not limited to copyright laws).
Violation of any of the above obligations may result in proportionate (legal) measures by Accenss, including the termination of the account of the Client.
The Client understands and agrees that Accenss is in no way responsible for the content posted through the Service and the Client agrees to use the Service and/or his account at his own risk. The Service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email.
The Client indemnifies Accenss against all claims and/or damages that may arise from the use of the Service and/or his account by the Client.

Article 4: Payment, Refunds, Upgrading and Downgrading Terms

An Accenss approved payment method is required for paying accounts. Free or guest accounts are not required to provide a payment method.
The subscription Service is billed in advance on a monthly or yearly basis and is non-refundable. Other Services on top of the Client’s subscription plan will be invoiced separately.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat every Client equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, the approved payment method provided by the Client will be automatically charged with the new rate on the next billing cycle.
Downgrading Service by the Client may cause the loss of content, features, or capacity of the Client’s account. Accenss does not accept any liability whatsoever for such loss.
Payment of an invoice must be made within fourteen (14) days after invoice date and this without any deduction or compensation or any other form of setoff under any name whatsoever.
The client who has not paid on the due date at the latest shall, without any notice being required, in default.
In the event of that (timely) payment is not made, all judicial and extrajudicial costs shall be borne by the negligent Client. The extrajudicial costs are in any case 15% (excluding the legally owed VAT) of the total amount due with a minimum of € 200.00, while the Client also owes an interest rate of 2% per month, unless the statutory interest rate is higher, in which case the statutory interest rate is due, in which case a part of a month will be counted as a full month, from the invoice date up to and including the day of the full payment.
(Gedeeltelijke) betalingen door Opdrachtgever worden eerst in mindering gebracht op het bedrag aan rente en kosten. Na volledige betaling van rente en kosten worden verdere betalingen in mindering gebracht op de hoofdsom(men).

Article 5: Cancellation subscription and Termination of the account

The Client is solely responsible for properly cancelling his subscription under the Service. An email request to cancel the subscription is considered as a cancellation. Before the subscription can be cancelled, the Client must pay to Accenss all outstanding invoices / amounts relating to the use of the Service.
The Client may terminate his account at any time. Upon termination Accenss is entitled to delete all of the Client’s content (text and files) from the Service. This information cannot be recovered once deleted.
If the Client cancels his subscription under the Service and/or terminates his account before the end of the current paid up month, the cancellation and/or termination will take effect at the end of the current period and the Client will not be charged again, provided that all invoices / amounts have been paid to Accenss. The Client shall not be entitled to a refund of amounts already paid.
Accenss, in its sole discretion, has the right to suspend or terminate the Client’s account and refuse any and all current or future use of the Service, or any other scribit.pro service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of the Client’s account and/or the access to his account, and the forfeiture and relinquishment of all content in the account. Accenss reserves the right to refuse Service to anyone for any reason at any time.

Article 6: Modifications to the Service, use of third parties and prices

At any time Accenss reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The Client understands and accepts that Accenss uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
The Client understands and accepts that Accenss and third party vendors and hosting partners may review and/or adjust any data in the account for quality control purposes and/or to verify that one or more tasks were completed to run the Service. The content submitted, posted, collected or displayed may be viewed by Accenss and third party vendors and hosting partners. The Client should only provide content that he is comfortable sharing with others under these General Terms and Conditions.
Prices of all Services, including but not limited to monthly and yearly subscription plan fees to the Service, are subject to change upon a 30 days notice from Accenss. Such notice may be provided at any time by posting the changes to the website of scribit.pro (www.scribit.pro) or the Service itself.
Accenss shall not be responsible or liable to the Client or to any third party for any modification, price change, suspension or discontinuance - both temporarily or permanently - of the Service.

Article 7: Copyright and content ownership

All content posted on the Service must comply with national and international copyright law.
Accenss claims no intellectual property rights over the material the Client provides to the Service.
Accenss does not pre-screen content, but Accenss and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The look and feel of the Service is copyright © 2020 protected All rights reserved. You may not duplicate, copy, or reuse any portion of HTML/CSS or visual design elements without express written permission from Accenss.
The Client must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Accenss, or any other scribit.pro service.
De Klant mag de broncode die in het openbaar wordt bekeken niet reverse-engineeren of hergebruiken. Dit omvat alle javascript. De code is copyright © 2020 scribit.pro. Alle rechten voorbehouden. Accenss claimt geen rechten op de open-sourcebibliotheken die worden gebruikt op de website van de Service en scribit.pro.
De Klant stemt ermee in om geen enkel deel van de Service, het gebruik van de Service, computercode die de Service van kracht is of toegang tot de Service te reproduceren, dupliceren, kopiëren, verkopen, doorverkopen of exploiteren zonder de uitdrukkelijke schriftelijke toestemming van Accenss.
Any infringement by the Client of scribit.pro's copyright gives Accenss the right to terminate the Service with immediate effect and to fully recover from the Client any damage, both direct and indirect.

Article 8: Unlawful use of the Service

Accenss may, but have no obligation to, remove content and accounts containing content that Accenss determine in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property right or these General Terms and Conditions.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Accenss customers, employees, members, or officers will result in immediate account termination according to Article 5 (4).
The Client understands and accepts that the technical processing and transmission of the Service, including the content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Client must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
The Client is prohibited to transmit through the Service and/or his account any worms or viruses or any code of a destructive nature.
If the bandwidth usage by the Client significantly exceeds the average bandwidth usage (as determined solely by Accenss) of other Accenss’ Clients, Accenss reserves the right to immediately disable the Client’s account or to throttle the Client’s file hosting until the Client can reduce his bandwidth consumption.

Article 9: Liability

Accenss does not warrant that (i) the Service will meet the Client’s specific 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, (iv) the quality of any products, services, information, or other material purchased or obtained by the Client through the Service will meet the Client’s expectations, and (v) any errors in the Service will be corrected.
The Client expressly understands and agrees that Accenss shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if scribit.pro has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of the Client’s transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
If and insofar as Accenss does turn out to be liable for any damage suffered by the Client for the use of the Service, this liability is at all times limited to the amount paid out by Accenss’ insurer and, if the insurer does not provide cover, limited to the amount charged by Accenss to the Client for the use of the Service for one (1) year.
The Client may only use the Service for his own personal use, which is understood to mean use within the Client’s company.
Under no circumstances the Client is permitted to publish or reproduce the information, content, texts, photographs, images, etc. which are subject to copyright and which are collected with the help of the Service without the permission of the copyright holder.
Accenss reserves the right to recover from the Client all damage suffered by Accenss, including investigation costs, legal costs, costs of defence against liability (both judicial and extrajudicial) and amounts that it has to pay to third parties in order to terminate liability disputes, if Accenss is held liable by a third party as a result of use of the Service that is contrary to these General Terms and Conditions, or other unlawful use, by the Client.

Article 10: Miscellaneous

The failure of Accenss to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. The agreement and these General Terms and Conditions constitute the entire agreement between the Client and Accenss and govern the use of the Service by the Client, superseding any prior agreements between the Client and Accenss (including, but not limited to, any prior versions of these General Terms and Conditions).
Without the prior written consent from Accenss, the Client is not entitled to transfer his rights or obligations arising from the agreement with Accenss to third parties.
Any dispute or claim arising out of or in connection with the Service, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of The Netherlands. The applicability of the Vienna Sales Convention is excluded.
The district court in The Hague shall have exclusive jurisdiction to hear disputes.
The parties will only appeal to the court after they have made every effort to resolve a dispute in mutual consultation.
Complaints about (the use of) the Service can be submitted using the contact form on the scribit.pro website. Accenss takes any complaints highly seriously and will deal with them as quickly as possible, seeking a mutually satisfactory solution in consultation with the complaining party.
Questions about these General Terms and Conditions should be sent to
support {at} scribit.pro.

Updated at June, 2020