Terms and Conditions
A) Consumers These Terms and Conditions were last changed on 1st of March 2016.
- These Terms and Conditions apply to the use of the service Hugo (hereinafter “Hugo”) offered on the domain names: hugo.events or a subdomain thereof (hereinafter referred to as the "Platform"). This is owned by the company Hugo B.V.
- Hugo B.V. is registered with the Commercial Register in Amsterdam under number 64751333, and is located in Amsterdam at Keienbergweg 97, 1101GG. You can contact Hugo B.V. via firstname.lastname@example.org.
- Hugo is responsible for the registration, management and processing of the personal data of visitors of the Platform. See the Hugo privacy statement for more information.
- Hugo is a platform on which event organizers can manage their fanbase centrally and enrich their fanbase via questionnaires. Hugo also offers a website which shows events and offers the ability for consumers to browse these events. The Hugo platform, the questionnaires and website are hereinafter referred to as the “Platform”. The Platform is accessible to any visitor (hereinafter: the "Visitor"), including unregistered visitors. Where these terms and conditions (hereinafter the "Terms and Conditions") refer to Visitor they also refer to each User, unless otherwise indicated.
- The Platform consists of:
- All of the Platform’s accessible data, files, contributions and services posted by Hugo (the "Hugo Contributions")
- If and when these Terms and Conditions refer to User Contributions, they also refer to Hugo Contributions.
- These Terms and Conditions apply to the following:
- visiting the Platform
- registration by the User as defined in Article 6 (the "Registration")
- all of the Platform’s accessible data, files, and services, including User Contributions (the “Content”)
- any other relationship between Hugo and the Visitor.
- Every Visitor is deemed to have accepted these Terms and Conditions by visiting the Platform or by registering as a User. Hugo advises every Visitor to read these Terms and Conditions carefully before you visit the Platform. Deviating conditions can only apply when expressly accepted in writing by Hugo.
Change of terms and conditions, website or content
- Hugo reserves the right to modify these Terms and Conditions or to supplement them by publishing the revised Terms and Conditions on the Platform. Platform Visitors are advised to regularly check the Terms and Conditions for changes. Amendments to the Terms and Conditions are effective immediately. Users will be notified of any material changes to the Terms and Conditions via a mailing or a message placed on the Platform. If a User does not agree with the amendment to the Terms and Conditions, the User may at any time terminate its registration.
- Hugo is at all times entitled to change, remove, fully or partially suspend or terminate the accessibility of the Platform or its Content. Hugo is not liable for any damages or costs of the Visitor as a result of any actions mentioned in this article.
- The Site and the Content are intended for general information purposes which can be interpreted as a recommendation by Users.
- If a Visitor uses (part of) the Platform or the Content in breach of these provisions, he does so at his own risk. Hugo is not liable for any damages or costs resulting from such use.
- Hugo is not liable for any damages or costs arising from the use or inability to use (parts of) the Platform, including damage resulting from incorrect or incomplete Content or computer viruses, unless the damage or costs are the result of deliberate recklessness of Hugo.
External web pages
- The Platform may contain advertisements and links to external web pages. Hugo is not liable for the use, content or operation of these external websites or web pages to which a link is made to the Platform. The privacy statement of the Platform does not apply to personal data collected on or through such external websites.
User instructions website
- Hugo advises Visitors to observe certain caution when using the Platform, such as:
- to not disclose sensitive personal information, such as bank account numbers and credit card numbers to other Users of the Platform
- to arrange for adequate security of their computer(s) or other systems.
- Visitors are not allowed:
- To disrupt the functioning of the Platform or other computers or systems of Hugo or other Visitors by impeding or restricting the Users by:
- distributing malicious software such as viruses
- gaining unauthorized access to the computers of Hugo or other visitors
- using any automated systems such as robots and/or spiders
- (attempting to) circumvent, disable or otherwise interfere with the security related features of the Platform or other parts
- To post content that violates the law or social decency, can cause harm, is abusive, harassing, defamatory, vulgar, obscene, offensive, abusive, racist or otherwise objectionable or in any form whatsoever can inflict harm to minors
- To harass or intimidate other Visitors
- To use the Platform to publish or distribute material containing graphic or gratuitous violence
- To use the Platform without written permission from Hugo for (commercial) activities such as the sending of commercial messages (spam)
- To use the Platform for any unauthorized copying of works protected by intellectual property rights, copyright, image rights or other such rights
- To provide incomplete, incorrect or outdated information during Registration, to pretend to be someone else during Registration or registering through various e-mail addresses
- To use the Platform for unlawful and criminal acts.
- If Hugo is of the opinion that the Visitor has acted in contravention of this article, or any other provisions of these Terms and Conditions, it has the right take measures. The measures that Hugo can take include:
- To temporarily or permanently ban the Visitor’s access to the Platform
- To terminate Registration; and
- To recover any damages and costs from the Visitor arising from the breach of the Terms and Conditions by the Visitor.
- Hugo is not liable for any damages or costs a Visitor sustains when Hugo makes use of its powers under this section.
- Visitors indemnify Hugo of all claims of third parties related to their use of the Platform and/or the failure or non-compliance of their obligations towards Hugo, whether or not arising from these Terms and Conditions, or further rules set by Hugo and/or instructions that Hugo has given to the Visitor.
- If a Visitor believes that the actions of a User violates these Terms and Conditions, the Visitor may notify Hugo via email at email@example.com.
Property rights website and content
- Property rights website
- Unless otherwise stated, all rights, including copyrights, trademarks and logos, domain names and other intellectual property rights pertaining to the format, the concept, the look and feel, and the name of the Platform belong to Hugo.
- Property rights content
- Unless otherwise stated, all rights, including copyrights and other intellectual property rights of the Content belong to the person who posted the relevant Contribution.
- The (intellectual) property rights to the brands on the Platform remain with the rights holders at all times.
- Hugo is entitled to show advertisements before, after or at the same time of the display of Content on the Platform or other forms of communication like E-mail campaigns.
- Hugo makes every effort to avoid infringement of third party rights and Hugo asks rights holders to report any breaches through firstname.lastname@example.org, so that appropriate action can be taken against the offending Content. Notifications need to include the following information:
- a description of the Content with at least the full URL
- a description of the rights that you own and which might have been or are being violated
- your contact details (name, address, email address and phone number), so Hugo can contact you.
Registration user account
- Visitors can register free of charge by filling in an electronic registration form (the “Registration Form”) on the Platform and sending it to Hugo. Visitors must complete the mandatory items highlighted in the Registration Form completely and truthfully. As part of the Registration, Visitors need to agree to these Terms and Conditions and with the fact that Hugo stores and uses personal data for compliance with its obligations towards each User. In doing so, Hugo always observes the Privacy and Cookie statement.
- Hugo grants users a User Account (the “User Account”). The User Account is strictly personal and not transferable.
- Visitors under 16 must have permission from their parents or legal guardian to register. Hugo does not accept any liability if this proves not to be the case.
- Hugo reserves the right to refuse a registration. Hugo will inform the Visitor as soon as possible when his/her registration is refused. As included in the Property Rights Platform and Content article, Hugo can also cancel a Registration at a later date.
- If Hugo approves a Registration, Hugo will send the Visitor a confirmation message to the email address specified by the Visitor on the Registration Form. From that moment on, the Visitor is a User.
- Are or will these Terms and Conditions be partially invalid, Visitors will remain bound to the remaining sections. Hugo will replace the void part by provisions that are valid, and of which the legal effect, given the content and scope of these Terms and Conditions, is as similar as possible to that of the invalid part.
- These Terms and Conditions shall be exclusively governed by Dutch law. All disputes arising in connection with these Terms and Conditions, including disputes concerning the existence and validity thereof, shall be settled by the competent court in Amsterdam.
B) Client Companies Version 1st of March 2016
Any question on the content of this document can be send to: email@example.com
When using the service Hugo (hereinafter “Hugo”), available on the domain name: Hugo.events or a subdomain thereof, of the company Hugo B.V., registered with the Dutch Chamber of Commerce (KVK) in Amsterdam under number 64751333 (hereinafter “Supplier”), you agree to the following Terms and Conditions. At all times, the Supplier reserves the right to modify the Terms and Conditions below, with or without notice. You can find the newest version of the Terms and Conditions at http(s)://Hugo.events/terms.
- Supplier: Hugo B.V. located at Keienbergweg 97, 1101 GG in Amsterdam
- Client: the other party and customer of Hugo B.V.
- The Hugo system: The online service of Supplier for Client to use for email campaigning, (user) data management en creating and distributing questionnaires
- Account: the technical system with which the Client has access to the Hugo System and where the content and details of the Client are managed.
- These conditions apply to every contract for Hugo, between the Supplier and Client, unless otherwise agreed in writing.
- Supplier reserves the right to supplement or modify these Terms and Conditions, observing a notice period of 7 days.
- Any deviations from these general terms and conditions are only valid if these are expressly agreed in writing or electronically.
- The applicability of any Terms and Conditions of your own is expressly excluded.
- Failure to comply with these Terms and Conditions will result in immediate termination of the Supplier's services.
- The terms and conditions also apply to all agreements with the Supplier, for the execution of its service for which third parties are required.
- If one or more provisions of these Terms and Conditions are invalid or void, the remaining provisions of these Terms and Conditions continue to fully apply. Supplier and Client will then enter into consultation in order to agree on new provisions to replace the void provisions, whereby if and as far as possible the purpose and intent of the original provisions are observed.
Account Terms and Conditions
- Client must be 18 years or older.
- Client must be a natural person, employed by a legal entity. Accounts registered by “robots” or other automated methods are not permitted.
- Client must provide your own personal data during the registration process.
- Client login details are strictly personal and may not be shared with other people.
- Client are entirely responsible for maintaining the confidentiality of your username and password, the Supplier cannot be held liable.
- Client is authorized by the legal entity you work for, to bear the responsibility for all activities and content posted under your Account (as well as for the users that are created under Client Account).
- It is not permitted to place more than one (1) company in a Hugo Account. However, it is allowed to incorporate multiple trade names of a company in a Hugo Account.
- It is not allowed to use Hugo for illegal purposes. Client must not violate Dutch law, which includes the Telecommunications Act, Personal Information Protection Act and Advertising Code via Email (Code E-mail).
Terms and Conditions of payment and Account conversion
- Payment is made in advance each calendar month by SEPA Direct Debit or credit card. Other costs incurred, for example, receiving customized reports, will be billed and collected afterwards or handled via SEPA Direct Debit.
- The SEPA Direct Debit will be announced at least three days prior to execution by email. The exception to this, is the time of registration, when the SEPA Direct Debit will be made immediately. Client will receive an invoice of this via email.
- When converting a free Account to a paid Account, the free Account is directly converted to a paid Account and the free Account is automatically terminated. Payment starts on the day of conversion. This same principle applies to the purchase of upgraded packages within your Account.
- All prices are exclusive of the prevailing VAT rate (currently 21%).
- If there is a delay of payment of two (2) invoices, your Hugo Account will be temporarily closed. Client will receive instructions per email on how to pay the invoices and when your Account will be reactivated.
- If Client fails to make timely payments, Client is legally in default. Client will then owe an interest rate of five percent (5%) per month, unless the statutory interest rate is higher, in which case the statutory interest must be paid. The interest on the amount due will be calculated from the time Client is in default, until the moment of payment of the full amount owed.
- All judicial and extrajudicial collection costs, costs for lawyers, bailiffs and debt collection agencies included, will be charged to you. The extrajudicial collection costs comply with common pricing used in these cases.
Hugo Fanbase Widget
- Client is owner and administrator of the Client Website and is able to use the Hugo Fanbase Widget to integrate with the Website of the Client for adding functionalities offered by the Hugo Platform to the Client Website. The functionalities offered are, among other things, the ability to offer personal content, enrolment in Questionnaires, subscriptions, sharing, conversion and insight into website engagement and other activities.
- Implementation; by implementing the offered embeddable code from the Backoffice of the Hugo Platform in the HTML code of the Client Website the Client agrees to Hugo collecting data from the Client Website and that Hugo can use this data for analyses and use it for improving the Hugo Platform and its services.
- Client is responsible for terminating the Hugo Account. Client can only cancel in writing. Another form of cancellation is not accepted and therefore not processed.
- Client may terminate a Hugo Account three (3) months before the contract expires. A paid Hugo Account is thus terminable per year unless otherwise agreed in writing between the Client and the Supplier at the start of the collaboration.
- All data generated by the Client and visitors of the Client is stored after discontinuation of the Account and will remain accessible to the Client.
- You are at all times responsible for the legal obligation retention of your invoices, even after the termination of your Hugo Account.
Implementation of the agreement
- If the Client uses the Hugo system to send a mailing, Supplier cannot guarantee that the desired result will be achieved with the mailing. For example, it is possible that the email sent by Hugo does not end up in the inbox of the recipient due to a spam filter.
- When implementing the agreement, Supplier retains the right to engage third parties, procure services of third parties and to commission third parties to execute the agreement in whole or in part, without notifying the Client. The Supplier will communicate any additional costs in due time to the Client.
- Supplier will carry out the work to the best of its ability and with due professional care. However, Supplier cannot guarantee the accuracy of the stored (personal) data.
- The Client shall ensure that all data which the Supplier indicates is necessary or which the Client reasonably understands is necessary for the execution of the agreement is made available on time.
- Should the Client make available software, telecommunications facilities, websites, materials, databases or data on a data carrier to the Supplier, they shall meet the specifications prescribed by the Supplier. The Supplier shall never be liable for damages or expenses due to transmission errors, malfunctions or non-availability of these facilities, unless the Client proves the damages or costs are the result of intent or gross negligence of the Supplier.
- The Client is obliged to immediately inform the Supplier about facts and circumstances that may be related to the implementation of made agreements.
- The Supplier assumes that the Client complies with all its legal obligations.
- The Client indemnifies the Supplier for any claims from third parties, who suffer damages in connection with the execution of the contract and which is attributable to the Client.
- If the Client has not complied with its obligation as set out in this article, the Supplier has the right to suspend the execution of the agreement and/or to charge the Client according to the usual rates for the additional costs resulting from the delay.
- Client must comply with all of its obligations under the law (among others Advertising Code via Email (Code E-mail)). In particular, reference is hereby made to the Data Protection Act and the legal provisions which are included for the purpose of unsolicited commercial communications (in accordance with the Telecommunications Act). The Client is therefore only allowed to send commercial e-mail messages using the Hugo system to a natural person (subscriber) if the person in question has given consent. In case of violation of the law or obstruction as a result of spam produced by the Client, the Supplier is entitled to block the Account of the Client immediately.
- If necessary, the Client must notify the processing of personal data with a description of the purpose with the Data Protection Authority.
- In every commercial email which the Client sends to a natural person, the Client must inform the person in question of the possibility of lodging a statement of opposition to the processing of his personal data as well as indicate the ability to unsubscribe.
- The Client is required to take care of the format as well as the content of the e-mails.
- Client will not distribute email messages using the Hugo system of which the content:
- violates national and international legislation
- violates the rights of third parties
- may cause harm to, or be hurtful or discriminating against others.
- If the Client does not comply with its legal obligations or its obligations under this Agreement, then the Client should compensate for all resulting damages the Supplier suffers. The penalty per event is € 2,500.00 (in words: two thousand five hundred euros). This doesn’t affect any other rights regarding compensation. The Supplier also reserves the right to terminate the agreement immediately. Only then can the Supplier further prevent spam or other law violations to protect the continuity of the Hugo system and her Clients, and to protect consumers who receive mail through the Hugo system.
- The Client must allow, by adding a so-called verification record in the Domain Name Service (DNS) of the domain owned by herself, that the Hugo system can send emails through the domain of the Client.
Obligations of the Supplier
- The Supplier is not allowed to use the database of the Client, other than for the execution of the agreement. Exception to this is improving the Hugo system and the use of personal data of which the relevant natural person has given explicit permission for use by the Supplier. Data for which a natural person has not given explicit permission for use by the Supplier, will not be made available to third parties by the Supplier. The database of the Client is at all times the property of the Client.
- Supplier shall make efforts, in the event of maintenance and/or (necessary) updates and/or improvements to the Hugo system, to minimize any inconvenience and will – where possible – inform the Client in a timely manner. The Client is, if the temporary unavailability of the Hugo system is not unreasonably long, not entitled to compensation from the Supplier.
Changes to the service and prices
- Supplier reserves the right, at any time, with or without notice, to make changes in Hugo.
- Supplier reserves the right, at any time, with or without notice, to temporarily shut down Hugo, for example in case of maintenance.
- Supplier reserves the right to permanently shut down Hugo. This would be announced at least three calendar months in advance at http(s): //Hugo.events
- Supplier reserves the right to implement price changes for the use of Hugo. These price changes will be announced (at least) one (1) calendar month in advance via the email address which is known by the Supplier and linked to your Account.
Personal data and Advertising Codes via email
- Client and Supplier will do everything for the proper fulfilment of all obligations under the Data Protection Act, and from other Dutch or international legislation on privacy and sending advertising.
- The person of whom the Client delivers the personal data to the Supplier, has given the Client permission to use his/her personal data.
- The Client is responsible for ensuring that its processing of personal data complies with the Data Protection Act and that mailings sent meets all the requirements by law or other government regulations. The Client has, among other things, the legal obligation to give the person the opportunity to opt out of the mailing.
- If a person opposes the processing of his personal data, the Client must no longer contact the person with commercial messages.
- The Client is responsible for carrying out the access / correction rights of those involved.
- Supplier shall perform the contract in compliance with the Advertising Code via e-mail (Code E-mail) and all provisions contained in the Civil Code on electronic messages for transferring (unsolicited) commercial communications.
Obligation to report data leaks
- Supplier, as editor, guarantees, insofar as he is obliged to under the Personal Data Protection Act and the Telecommunications Act, to comply with the obligation to report data leaks. This means the access, destruction, modification or release of personal data from Hugo against the will of Supplier. The release (leakage) of information and the unlawful processing of data by third parties are considered to be data leaks. Supplier will promptly inform the data processor of any data leak, so that data processor can fulfil its obligations with respect to the obligation to report data leaks. Reporting will take place on the basis of the minimum of requirements of the Web form for the duty to report data leaks of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, “AP”).
- Supplier guarantees, to immediately inform the data processor of any data leak, so the data processor can inform the AP (Autoriteit Persoonsgegevens) in a timely manner. In the event of a data leak, the parties will promptly consult which party will inform the AP (Autoriteit Persoonsgegevens) on the leak.
- In the event of a data leak, parties will immediately consult on whether or not to inform stakeholders, taking into Account the requirements of the Data Protection Act and policies of the AP (Autoriteit Persoonsgegevens).
Copyright and ownership of content
- Supplier will be a user of content and/or materials posted to your Account and underlying Accounts. However, the Supplier may not use the posted content and/or materials for purposes other than Hugo. Materials posted on the Account of the Client with copyright protection can be removed at the request of the Client after discontinuation of the Account. Supplier can, in this case, request substitute materials not protected by copyright.
- You are not allowed to use HTML and/or CSS and/or images or other copyrighted elements of the Supplier to (re)use for your own or commercial use without the express permission of the Supplier.
- If the Supplier is liable, this liability is limited to what is stated in this provision.
- Supplier shall not be liable for damages of any kind, caused by incorrect and/or incomplete data given to the Supplier by you.
- Supplier is never liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business interruption.
- Supplier is only liable for direct damage which cannot be higher than the total cost of the subscription fees paid up to that point.
- Direct damage is exclusively defined as:
- the reasonable costs of determining the cause and extent of the damage, insofar the result relates to damage within these conditions
- any reasonable cost incurred due to inadequate performance of the Supplier according to the agreement, insofar these can be attributed to the Supplier
- reasonable costs, made to prevent or limit damage, insofar you can prove these costs have led to limitation of direct damages as referred to in these Terms and Conditions.
- Supplier is not liable for any damage suffered from content posted on Hugo by consumers.
Intellectual Property Rights
Intellectual property rights and similar rights, including copyrights, trademark rights, patent rights, neighboring rights, and rights to protection of performance, including database rights to all publications issued by the Supplier and other informational products, are held by the Supplier and/or its licensors. Nothing from the publications c.q. informational products of the Supplier may not, without the express prior written consent of the Supplier, be duplicated and/or published through printing, photocopying, microfilm, video disc, magnetic disc or tape, storage in a retrieval system accessible to third parties, or by any other means, electronic, mechanical or otherwise.
- Client and Supplier are required to disclose any confidential information they obtained in the course of their agreement from each other or from another source. Information is confidential if it is notified as such by the other party or if this results from the nature of the information. The party receiving the confidential information shall only use it for the purpose for which it was provided.
- If, pursuant to a statutory provision or a court order, Supplier is adhered to supply, by law or by court appointed third party or parties, information and Supplier can’t call for the privilege to decline to give evidence, then the Supplier is not obliged to pay damages or compensation and the Client is not entitled to a termination of the agreement under any resulting damage.
Client will safeguard Supplier from any claims from third parties, including the costs of legal assistance, who suffer damages in connection with the implementation of the agreement and the cause of which is attributable to others than the Supplier.
Applicable law and disputes
- Only Dutch law applies to all legal relationships the Supplier is involved in.
- Disputes between the Supplier and yourself will be settled exclusively by the applicable court in the district of Amsterdam.
- Supplier aims for the highest possible uptime. In the case of force majeure, the Supplier may not be held liable.
- Supplier and the Client will only appeal to the courts after they have made every effort to settle the dispute among themselves.
- Supplier uses services (hardware, software, network, data storage, etc.) from third parties for operating Hugo.
- You will not attempt to hack Hugo and/or to set up websites which impersonate the Supplier or Hugo.
- You will not engage in any activities that will interfere in any way with the operation of Hugo.
- You will not reproduce, copy, duplicate, sell or resell Hugo or parts of Hugo without the express permission of the Supplier.
- You will not use Hugo for the posting or sending of unsolicited content/e-mail (SPAM).
- You will not place worms and/or viruses and/or other forms of destructive code on Hugo.
- Supplier strives for, but does not guarantee that:
- Hugo and system meet your specific needs
- Hugo and system works correctly
- Errors are corrected in Hugo and system.