General conditions
1. General
1.1 Applicability
1.1.1 These Terms and Conditions apply to all offers and agreements and/or other legal relationships relating to Camper Pay , a service of Blue Water App B.V., and Subscriber.
1.1.2 Blue Water App B.V. may amend the Camper Pay Terms and Conditions. The amended Camper Pay Terms and Conditions will apply unless any amendments are objected to in writing within 30 (thirty) days from the date of the amendment.
1.1.3 Amendments to, as well as additions to, the Camper Pay General Terms and Conditions and/or the agreements entered into between Blue Water App B.V. and Subscriber shall only be valid if they are set out in writing by Blue Water App B.V.
1.1.4 If the trade name used by the Subscriber is used by several (legal) persons or companies, they shall be jointly and severally liable to perform all obligations under the contract entered into with Blue Water App B.V.
1.1.5 The designations above the articles of these terms and conditions are for the sole purpose of readability. The content and scope of the article included under a particular designation is not limited to that designation.
1.2 Definitions
1.2.1 In the General Terms and Conditions of Camper Pay, the following words and terms, among others, are capitalized. All of the following words and terms in the singular shall have the same meaning as in the plural and vice versa.
1.2.2 Camper Pay Subscription:
The right to use the Camper Pay software upon payment of the connection fee and a monthly fee, which may also be billed on an annual basis.
1.2.3 Blue Water App B.V.:
Blue Water App B.V. and its legal successors or any company or partner associated with Blue Water App B.V. that enters into the legal relationship with Subscriber and has declared the Camper Pay General Terms and Conditions applicable.
1.2.4 Camper Pay Users:
Users of the Camper Pay App
1.2.5 Camper Pay
The (mobile) software application Camper Pay, which allows Camper owners to place Payments with Subscriber via cell phone. Subscriber can make the camper place visible to Camper owners through the Camper Pay App.
– The following details (of the RV site) of Subscriber may be listed in the Camper Pay App and NKC Campercontact App of Camper Owners:
- Name and image of the RV site
- Brief text of the RV site and services
- PDF of floor plan
- Photos, videos
- Website
- Email address
- Phone number
- Other services / services
The Subscriber can receive information from the Camperer , who made a payment to the Subscriber, and the camper’s information through Camper Pay
The Subscriber can register and receive and view incoming Payments online through the Camper Pay App using an iPad or PC.
1.2.6 Camper Pay iPad version:
An extended version of the Camper Pay (mobile) software application which, via the Camper Pay App on an iPad, offers to Subscriber all the functionalities of Camper Pay with, in addition, the funcionality to receive and record PIN Payments by debit card or in cash from Camper owners.
1.2.7 Identification Data:
Log-in name, passwords, addressing data and/or other codes.
1.2.8 Integration with third party hardware and services
Camper Pay can be integrated with third party hardware and services such as ICY shore power, GateGuard, Campercontact App, Salto access control, SumUp and iZettle payment terminals. When integrating Camper Pay with third party hardware and services Blue Water App B.V. is not responsible for the operation and warranty of this hardware and services and this remains the responsibility of the suppliers of these products.
1.2.9 Payment traffic charges
These are the average costs charged by Blue Water B.V. to Subscriber, as a standard fee of € 0.20 – € 0.45 per overnight stay with the calculation formula of 1.5% over the transaction value of Payments, for payment traffic charges with banks, online payment services and credit cards
1.2.10 Subscriber
Any person who requests and orders the (purchase/delivery of) Camper Pay Products and Services from Blue Water App B.V.
1.2.11 Process Data:
The data entered within the Camper Pay by Subscriber or Camperers and/or the data entered by third parties.
1.2.12 Products and Services:
All products and services provided by Blue Water App B.V., whether from Blue Water App B.V. itself or from third parties, as well as the resulting provisions and related work.
1.3 Agreements
1.3.1 A contract between Blue Water App B.V. and the Subscriber for which no further duration has been agreed has a duration of 1 (one) year if the delivery relates to a Service, for which a charge is made periodically. If this agreement is not terminated or not terminated in time, it will continue for a period of 1 (one) year.
1.3.2 Termination of the agreement, as defined in article
1.3.1, shall take place by means of a registered letter received by the other party no later than 40 (forty) days before the extension of the agreement takes effect.
1.3.3 Each of the parties is entitled to terminate the agreement in whole or in part by registered letter without judicial intervention, if the defaulting party continues to fail to fulfill its obligations even after written summons setting a reasonable deadline.
1.3.4 Blue Water App B.V. is otherwise entitled, with immediate effect and without judicial intervention, by means of an extrajudicial declaration to terminate the Agreement and/or the offers in whole or in part or to cancel them, without prejudice to its right to claim damages if the Subscriber is a natural person in the event of the Subscriber’s death, if the Subscriber submits a request for statutory bankruptcy or suspension of payments, if bankruptcy or suspension of payments is applied for or Subscriber is declared bankrupt or is granted suspension of payments, or if Subscriber’s business is wound up or terminated other than for the purpose of reconstruction or amalgamation of businesses, or a conservatory and/or executory attachment is levied on a substantial part of its assets or Subscriber’s business loses the free disposal thereof. In such cases, any claim by Blue Water App B.V. against Subscriber shall be immediately and fully due and payable and shall not render Blue Water App B.V. liable to the other party for damages in connection with such termination.
1.3.5 After the end of the agreement, for whatever reason, Subscriber can no longer derive any rights from the agreement, without prejudice to the continuation of the obligations of the parties which by their nature are intended to continue after the end of the agreement, such as but not limited to the obligations regarding property rights, confidentiality and non-competition.
1.4 Liability
1.4.1 The total liability of Blue Water App B.V. shall be limited to compensation for direct damage and then to a maximum of the fees (exclusive of VAT) received by Blue Water App B.V. from Subscriber of the price stipulated for that contract (exclusive of VAT) with a maximum of € 50,000 (fifty thousand euros), whereby a series of related events shall be deemed to be a single event.
1.4.2 If the contract also consists of a continuing performance contract, with a term of more than 1 (one) year and Blue Water App B.V.’s liability arises under such continuing performance contract, the stipulated price shall be set at the total of the fees (exclusive of VAT) actually paid by the Subscriber to Blue Water App B.V. under the continuing performance contract for 1 (one) year (being the year in which the damage occurred) subject to a maximum of € 50,000 (fifty thousand euros).
1.4.3 The total liability of Blue Water App B.V. for damages for death or personal injury shall in no event exceed € 1,000,000 (one million euros), whereby a series of related events shall be deemed to be a single event.
1.4.4 Direct damage is exclusively understood as:
a) The reasonable costs incurred to determine the cause and extent of the damage;
b) The reasonable costs incurred to prevent or limit the damage, to the extent that the Subscriber demonstrates that such costs led to a limitation of the damage;
c) The reasonable costs incurred to repair the damage, to the extent that the Subscriber demonstrates that such costs led to the repair of the damage and Blue Water App B.V., after a written request thereto, is unable to offer a timely solution to repair the damage itself.
1.4.5 Any liability of Blue Water App B.V. for indirect damages, including consequential damages, lost profits, lost savings, destruction or loss of files and/or data, damages for delay, incurred losses, damages caused by the Subscriber’s failure to provide information and/or cooperation, damages due to business interruption or claims of third parties against the Subscriber, is expressly excluded.
1.4.6 Outside the case referred to in Clause 1.4, Blue Water App B.V. shall not be liable for any damages whatsoever, regardless of the ground on which any action for damages would be based.
1.4.7 The liability of Blue Water App B.V. shall arise only if the Subscriber gives Blue Water App B.V. prompt and adequate notice of default in writing, setting a reasonable time within which to remedy the breach and if Blue Water App B.V. continues to be in breach of its obligations after such time. The notice of default must contain as detailed a description as possible of the breach so that Blue Water App B.V. is able to respond adequately.
1.4.8 Any right to compensation shall always be subject to the condition that the Subscriber notifies Blue Water App B.V. in writing by registered letter within 60 (sixty) days after the occurrence of the damage and takes such measures as will minimize the damage.
1.4.9 The Subscriber shall indemnify Blue Water App B.V. against all third party claims for liability arising out of any defect in any product or service supplied by the Subscriber to a third party which product or service consisted in part of that supplied by Blue Water App B.V.
1.4.10 Blue Water App B.V. shall not be liable for damages of any nature whatsoever arising from Third Party Products and Services supplied by Blue Water App B.V. to the Subscriber. Where possible Blue Water App B.V. will assign its rights to claim damages from the supplier of the Third Party Product in question to the Subscriber.
1.4.11 Unless there is a service level agreement which provides otherwise, Blue Water App B.V. shall not be liable for damages of any kind resulting from the failure to provide Support, Maintenance and/or Warranty in a timely manner. Blue Water App B.V. shall not be liable for damages of any kind resulting from Blue Water App B.V. having to comply with certain, changing and new legislation and other regulations.
1.5 Transfer
1.5.1 The agreement entered into between Blue Water App B.V. and Subscriber and the rights and obligations arising therefrom may not be assigned to any third party without Blue Water App B.V.’s prior written consent.
1.5.2 Subscriber gives Blue Water App B.V. the right in advance, without needing the express consent of Subscriber, to transfer the entire agreement, or any parts thereof, to:
a) parent, sister and/or subsidiary companies;
b) a third party in the event of a merger or acquisition of Blue Water App B.V.
If this occurs, Blue Water App B.V. will inform Subscriber accordingly.
1.6 Non-attributable failure
1.6.1 Neither party shall be bound to perform any of its obligations if prevented from doing so as a result of any circumstance which is not attributable to its fault, nor for its account under the law, legal act or generally accepted practice. The foregoing circumstances also include circumstances beyond the control of Blue Water App B.V. and business risks of Blue Water App B.V., such as but not limited to shortcomings of suppliers of Blue Water App B.V., non-timely availability of necessary data, information and/or specifications, changes in such data provided, incorrect specifications and/or functional descriptions of Third Party Products and Services and/or products supplied by third parties, adverse weather conditions, fire, explosion, loss of electricity, (D)Dos attacks, hacking, cracking or any downtime or unavailability due to the unlawful actions of third parties, destruction by anyone, damaging or rendering unusable any automated work or any telecommunications work, causing disturbance in the passage or in the operation of such work, or thwarting by whomsoever any safety measure taken with respect to such work, network failures, flooding, illness, lack of personnel, strikes, sting operations, slow-to-action or other labor disputes, accidents, acts of government, inability to obtain any required permit or authorization, material shortages, theft, traffic congestion and/or transportation impediments.
1.6.2 If the non-attributable failure is of a temporary nature, Blue Water App B.V. may suspend the contract until the situation in question no longer occurs, without being liable for any compensation.
1.6.3 Blue Water App B.V. reserves the right, in the event of a non-attributable failure to perform, to claim payment for services already performed by Blue Water App B.V. prior to the non-attributable failure becoming known.
1.6.4 If the non-attributable failure of either party continues for more than three months, both parties shall have the right separately to rescind the agreement, without being liable for any compensation regarding the rescission.
1.7 Applicable law and dispute resolution
1.7.1 All contracts entered into by Blue Water App B.V. with Subscriber shall be governed by Dutch law, unless the parties have agreed otherwise in writing. The parties expressly declare that the Vienna Sales Convention shall not apply.
1.7.2 Disputes between parties, which cannot be resolved by mutual agreement, shall be submitted to the competent court of the District Court of The Hague, sitting in The Hague.
2. Products and services
2.1 Right to use software
2.1.1 Blue Water App B.V. grants Subscriber the non-exclusive right to use Camper Pay .
2.1.2 The right of use is limited to the sole use of the Products and Services on the processing unit agreed with Blue Water App B.V..
2.1.3 The right of use for software Products and Services is limited to the Object Code. Rights to and the Source Codes themselves are not provided.
2.1.4 The Subscriber may not copy, duplicate or modify the Products and Services in any manner whatsoever itself and/or through third parties without the prior written consent of Blue Water App B.V.. The Subscriber is prohibited from adding functionalities to (Customized) Products and Services.
2.1.5 The right to use the Products and Services is not transferable to third parties (third parties also include parent, sister and/or subsidiary companies of Licensee).
2.1.6 Subscriber is not authorized to make the Products and Services available to third parties under any title or in any way, whether or not for a fee (third parties include parent, sister and/or subsidiary companies of Subscriber).
2.1.7 Reverse engineering, decompilation or any other manner of adaptation of the Products and Services into human-readable form by Subscriber is prohibited, unless expressly permitted by mandatory law.
2.1.8 The right of use starts after the contract is signed and the other obligations incumbent on Subscriber have been fulfilled.
2.1.9 The scope of the right to use Third Party Products and Services is determined by the Third Party General Terms and Conditions as set forth in Article 4. To the extent the foregoing does not deviate from the Third Party General Terms and Conditions, the foregoing shall apply accordingly.
2.1.10 The supply of software Products by Blue Water App B.V. is not subject to the purchase title (title 1 of book 7) in the Dutch Civil Code.
2.2 Installation and implementation
2.2.1 Only if agreed in writing will Blue Water App B.V. install and/or implement, or cause to be installed and/or implemented, the Products and Services.
2.2.2 Prior to installation and/or implementation, Subscriber shall ensure, at its expense, that all conditions specified by or through Blue Water App B.V. are met in order to effect a successful installation and/or implementation.
2.2.3 Subscriber shall ensure and is fully responsible for ensuring that the required Third Party General Conditions are met in order for the installation to be lawful.
2.2.4 If through the fault of the Subscriber the installation and/or implementation could not take place within the agreed time, the Subscriber shall make payments as if the installation and/or implementation had taken place, without prejudice to the obligations of Blue Water App B.V. to install and/or implement at a time to be determined anew.
2.3 Backups
2.3.1 Subscriber is itself responsible for making timely Backups. Blue Water App B.V. shall under no circumstances be responsible for making Backups of the data generated by and/or for the benefit of Subscriber.
3. Accessibility of Camper Pay
3.1 General Provisions
3.1.1 The Hosting of Camper Pay shall take place exclusively at a Blue Water App B.V. approved location and on Blue Water App B.V. approved equipment.
3.1.2 In connection with access to and use of Camper Pay, Subscriber shall directly or indirectly have equipment and software that meets the standards and/or requirements established by Blue Water App B.V. and communicated to Subscriber directly or indirectly. Subscriber shall also continue to comply with the conditions set forth in this paragraph. If and for so long as any equipment and/or software fails to comply, Blue Water App B.V.’s obligation to provide access to Camper Pay and its use by Blue Water App B.V. will be suspended.
3.1.3 Subscriber is obliged to follow instructions from Blue Water App B.V. regarding Camper Pay.
3.1.4 Blue Water App B.V. is entitled to inspect log files and the like for the purpose of analyzing the use of Camper Pay. The results of such analysis will not be made available to third parties (third parties do not include parent and/or subsidiary companies affiliated with Blue Water App B.V.). This does not apply to figures and data regarding the use of Camper Pay that are not directly traceable to the use of Subscriber.
3.1.5 If the Subscriber discovers a fault, this must be reported to Blue Water App B.V. immediately. After notification of a malfunction by the Subscriber, Blue Water App B.V. will take such measures as may lead or possibly lead to recovery.
3.1.6 The cost of eliminating faults, including faults that only interfere with others than Subscriber, will be borne by Subscriber if it appears that the cause of the fault is due to its improper use or is due to its acts or omissions in violation of the agreement.
3.2 Obligations of Blue Water App B.V.
3.2.1 Blue Water App B.V. will ensure that Camper Pay is made available. Blue Water App B.V. will, to the best of its ability and insofar as it can be influenced by Blue Water App B.V., strive for a specified availability percentage.
3.2.2 The availability percentage referred to in 3.2.1 is measured over a calendar year. It does not include time for Maintenance.
3.2.3 Blue Water App B.V. has no obligations with respect to the availability, reliability or other performance requirements with respect to telephone lines, the Internet and/or other networks and the resulting facilities.
3.3 Use of Identification Data
3.3.1 Blue Water App B.V. will make Identification Data available to Subscriber solely for use of Camper Pay. Subscriber shall treat such Identification Data with care. In the event of loss, theft and/or other forms of unlawful use, Subscriber shall notify Blue Water App B.V. so that the parties may take appropriate measures.
3.3.2 Subscriber bears all responsibility, liability and costs caused by the use of the Identification Data, used and/or distributed/ by Subscriber. Under no circumstances shall Blue Water App B.V. be liable for the misuse and/or unlawful use of the Identification Data.
3.3.3 If it can be reasonably suspected that misuse or unauthorized use has been made of the Subscriber’s Identification Data, Blue Water App B.V. may give Subscriber instructions, which must be carried out.
3.3.4 If it is determined that misuse of the Identification Data has been made or that Subscriber has not complied with the instructions referred to in clause 3.4.3, Subscriber is immediately in default.
3.4 Changes to Camper Pay
3.4.1 Blue Water App B.V. is entitled after written notice with reasonable notice and without owing any compensation to Subscriber, to make additions and/or changes to Camper Pay regarding but not limited to:
a) access procedures, such as:
– procedures related to operational rules and payments;
– security requirements.
b) changing a third-party provider/supplier, location, hardware, software and other facilities relevant to making Camper Pay available.
3.4.2 If the changes result in a demonstrable and significant adverse change in the working methods of the Subscriber’s business and/or the functionality of Camper Pay the Subscriber may, after first having demonstrated the deterioration in writing, request Blue Water App B.V. in writing to offer an alternative. If Blue Water App B.V. then fails to offer a reasonable alternative, the Subscriber will be entitled to terminate the use of Camper Pay, without Blue Water App B.V. being liable to pay any compensation in respect thereof or to refund any monies already paid.
3.5 Subscriber's Data Traffic.
3.5.1 Blue Water App B.V. has no control over and/or insight into the content of data traffic from and/or to Subscriber. Blue Water App B.V. acts only as a conduit. Blue Water App B.V. makes no warranties regarding the content of data in terms of, inter alia, reliability and completeness.
3.5.2 Subscriber is responsible for the content of data traffic originating from Subscriber. To the extent applicable, the Code of Conduct set forth in Section 3.7 applies to Subscriber and its users.
3.5.3 Subscriber indemnifies and holds Blue Water App B.V. harmless from any claim, suit or action by a third party in connection with (the content of) the data traffic or information originating from Subscriber.
3.5.4 Process Data will in principle be retained as long as the contract continues. After the end of the contract Blue Water App B.V. is not obliged to retain Process Data.
3.5.5 All costs associated with transferring Process Data and/or other data at the request of Subscriber to another application shall be borne entirely by Subscriber.
3.6 Subscriber Obligations.
3.6.1 If Personal Data and/or other data are transported or commercial and/or other activities are carried out by means of Camper Pay, the Subscriber indemnifies Blue Water App B.V. against any liability, costs or damage as a result of claims from third parties in the event that such Personal Data and/or other data are exported or commercial and/or other activities are carried out in violation of the relevant (privacy) laws and/or other relevant regulations.
3.6.2 Subscriber shall promptly inform Blue Water App B.V. in writing of any changes relevant to the proper implementation of Camper Pay.
Subscriber shall only use the official price list for entering and displaying price information in the Camper Pay system.
3.6.3 Subscriber shall comply with Blue Water App B.V.’s instructions regarding Fair Use. If the Subscriber fails to comply with the instructions given by Blue Water App B.V., Blue Water App B.V. is authorized to use technical means to reduce the load caused by the Subscriber or, in the event of persistent excessive load, to discontinue the provision of Camper Pay to the Subscriber. Blue Water App B.V. shall never be liable for damages of any kind suffered by Subscriber or third parties as a result of the measures taken by Blue Water App B.V. and/or third parties.
3.7 Code of Conduct
3.7.1 Subscriber must use Camper Pay and/or the other facilities offered responsibly. It is forbidden to use Camper Pay and/or the other facilities offered in such a way that makes:
(a) damage may occur to Blue Water App B.V.’s systems and/or third parties;
(b) disruptions in use may occur.
3.7.2 Subscriber shall ensure that such damages and/or disruptions are not the result of misconfiguration on its part.
3.7.3 It is prohibited to use Camper Pay and/or other facilities offered for illegal practices and/or in violation of the agreement.
3.7.4 Blue Water App B.V. reserves the right, at its sole discretion, if required to do so by law or court order and/or if a third party notifies Blue Water App B.V. and/or there is a suspicion that through the use of Camper Pay the rights of a third party are being infringed, the provisions of the General Terms and Conditions of Blue Water App B.V. and/or the contract are being violated and/or the obligations arising therefrom have not been properly or fully complied with.V. and/or the contract and the resulting obligations in this respect are not, not properly or not fully complied with, to put the use of Camper Pay and/or the other facilities offered out of order, to remove the relevant information and/or to suspend its obligations, this until the obligations have been met.
3.7.5 Blue Water App B.V. and/or third parties shall never be liable for any loss or damage of any kind suffered by the Subscriber and/or third parties as a result of the measures taken by and/or on behalf of Blue Water App B.V. pursuant to Clause 3.7.4. The obligations to pay the agreed amounts shall continue to apply in full during the measures taken by and/or on behalf of Blue Water App B.V. under article 3.7.4.
3.7.6 If the seriousness of the acts and/or omissions of the Subscriber so justifies and/or they continue notwithstanding the measures taken by and/or on behalf of Blue Water App B.V. as set out in Clause 3.7.4, Blue Water App B.V. shall be entitled to terminate the contract in accordance with Clause 3.7.4, without Blue Water App B.V. being liable to pay any compensation in respect thereof or to refund any monies already paid.
4. Third Party Products
4.1 Third Party Products and Services.
4.1.1 Blue Water App B.V. may provide Third Party Products and Services or involve Third Party Products and Services in the performance of its obligations under the agreement, such as hosting parties, payment providers and products / services of Campercontact, GateGuard, Salto access control, ICY shore power, SumUp and iZettle. Blue Water App B.V. is not responsible for Third Party Products and Services, unless otherwise agreed in writing.
4.1.2 If Blue Water App B.V. provides Third Party Products and Services to Subscriber, then in addition to these Blue Water App B.V. General Terms and Conditions, the Third Party General Terms and Conditions shall also apply to the contract.
4.1.3 Blue Water App B.V. provides rights to Third Party Products and Services under the terms and conditions described in the Third Party General Conditions.
4.2 General terms and conditions of third parties
4.2.1 Third Party General Terms and Conditions declared applicable in these Blue Water App B.V. General Terms and Conditions shall, if available from Blue Water App B.V., be made available upon request. The Third Party Terms and Conditions shall be made available in the same format and language as received by Blue Water App B.V..
4.2.2 The General Conditions of Blue Water App B.V. take precedence over the Third Party General Conditions unless otherwise stated. In case of conflict between the General Terms and Conditions of Blue Water App B.V. and the Third Party General Conditions, Blue Water App B.V. may declare the relevant conflicting provisions in the Third Party General Conditions inapplicable or inapplicable.
4.2.3 If Subscriber wishes to hold Camperers to General Terms and Conditions under the Contract via Camper Pay, Subscriber shall ensure that the desired terms and conditions are declared applicable and made available to Camperers. Upon Subscriber’s first request, Blue Water App B.V. may make the relevant terms and conditions known to Camperaars via Camper Pay.
5. (off/on) delivery
5.1 Delivery times
5.1.1 Any (delivery) periods stated by Blue Water App B.V. and applicable to Blue Water App B.V. have been established to the best of Blue Water App B.V.’s knowledge on the basis of the information made known to Blue Water App B.V. and will be observed to the extent possible.
5.1.2 (Delivery) dates are therefore not deemed to be strict deadlines within which delivery must be made, but deadlines within which Blue Water App B.V. will use its best efforts to deliver what has been agreed. If there is a possibility that any time period may be exceeded then Blue Water App B.V. and the Subscriber shall consult as soon as possible to agree a new time period.
5.1.3 Failure by Blue Water App B.V. to meet any applicable delivery or other term shall never constitute an attributable failure by Blue Water App B.V.. Blue Water App B.V. accepts no liability whatsoever if any delivery period is exceeded.
6. Prices/Payments.
6.1 Prices and payments
6.1.1 All prices are exclusive of VAT and exclusive of any other government levies. Amounts due will be charged inclusive of VAT and inclusive of any government levies.
6.1.2 Blue Water App B.V. will invoice the Subscriber on a monthly basis and/or within other periods set out in the agreement in a properly itemised manner. The Subscriber shall pay amounts due within 14 (fourteen) days of the invoice date without being entitled to any compensation, setoff or suspension on any account whatsoever. Objections to the invoice must be notified to Blue Water App B.V. in writing and with good reason within 30 calendar days of the invoice date. In the event that (part of) the invoice is disputed, Subscriber is not obliged to pay that part of the fee and/or costs on which there is no agreement between the parties. The undisputed part must be paid in the manner and within the term as described in this paragraph.
6.1.3 If Subscriber fails to comply with any payment obligation, Subscriber shall be in default without any further demand or notice of default being required. The Subscriber shall be liable to Blue Water App B.V. for all costs (including costs incurred for legal assistance provided by a lawyer or agent) both in and out of court relating to the recovery of all sums owed by the Subscriber to Blue Water App B.V. Extrajudicial collection costs are 15% of the amount due with a minimum of € 175 (one hundred and seventy five euros). In any event, interest at a rate equal to the statutory interest rate plus 3% will be charged monthly on the amount owed by the Subscriber from the date the Subscriber is in default.
6.1.4 Blue Water App B.V. is entitled to suspend its operations and other obligations until payment has been made in full, without prejudice to the Subscriber’s obligation to fulfill its obligations.
6.1.5 The foregoing provisions are without prejudice to any other rights Blue Water App B.V. may have based on any breach of performance by Subscriber.
6.2 Price Changes
6.2.1 The prices agreed between Blue Water App B.V. and Subscriber are based inter alia on the costs of electricity, salaries, social security charges, materials, and travel and accommodation costs etc., as well as the exchange rate between the currencies used, as applicable at the time of entering into the contract. Blue Water App B.V. is entitled to adjust the prices in case of change of one or more cost items (a.o. Third Party Products and Services) and/or change of the exchange rate, to adjust the prices to such change(s).
6.2.2 Blue Water App B.V. will offer Subscriber the opportunity to take note of any price changes. If Subscriber does not agree to a price change, Subscriber is only entitled to terminate the agreement as of the date the price change will take effect, if and as long as the total price increase for 1 (one) year exceeds the inflation rate published by the CBS for the current year (or the previous year for price increases announced for the following year) by more than 5 points (expressed in %).
7. Intellectual Property Rights.
7.1.1 Blue Water App B.V. has the exclusive right to further develop the Blue Water App B.V. Products and Services and to make the use thereof available to third parties through licenses.
7.1.2 Except in the case of Third Party Products and Services, in respect of any order executed by Blue Water App B.V. wherever and whenever it is executed, regardless of whether there is the delivery or supply of an existing Product or a Product yet to be developed, all intellectual property rights, industrial property rights and other rights arising therefrom shall remain vested in Blue Water App B.V.
7.1.3 Subscriber acknowledges that all present and future intellectual property rights, industrial property rights, other rights and the registration and/or application of the foregoing rights and/or similar rights for the entire term and any renewals or extensions thereto now or in the future worldwide shall forever vest in or be transferred to Blue Water App B.V.
7.1.4 Subscriber is not permitted to remove or modify any indication concerning intellectual property rights, industrial property rights, other rights, trademarks and trade names from the Products and Services, or to have such actions performed by a third party.