Terms and Conditions

GENERAL CONDITIONS YOURSMINC

These General Terms and Conditions apply to the Yoursminc internet application.

Yoursminc is a product of Yoursminc B.V.

Article 1. Definitions

1.1. Yoursminc: Yoursminc B.V. is registered with the Chamber of Commerce under number 57365709 and the supplier of the Application.

1.2. Customer: The natural person or legal entity with whom Yoursminc has concluded the Agreement or the user of the Application.

1.3. Application: Yoursminc is the name of the internet application that is made available to the Customer by Yoursminc.

1.4. Agreement: The Agreement for use of the Application by the customer.

1.5. Party: Any Party to the Agreement.

1.6. Service: Any activity that Yoursminc has performed for or on behalf of the Customer.

1.7. Website: 'Yoursminc.nl', 'Yoursminc.be'.

1.8. General Terms and Conditions: These General Terms and Conditions.

1.9. External Systems: Programs with which Yoursminc maintains a link to exchange data. Think of web shops.

Article 2. Applicability

2.1. These General Terms and Conditions apply to all offers, Agreements and deliveries from Yoursminc, unless expressly agreed otherwise in writing.

2.2 These General Terms and Conditions also apply to Agreements with Yoursminc, for the execution of which third parties must be involved. Yoursminc uses a third party to provide the automatic bank link (optional). Even though the automatic bank link is provided by a third party, these General Terms and Conditions apply to the Agreement.

2.3 When using the Application, the user declares that he is aware of and agrees to these provisions.

2.4 The applicability of any purchasing or other General Terms and Conditions of the Customer is expressly rejected.

2.5 If it appears that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will remain in force for all else. In the event of this situation, Yoursminc and the Customer will enter into consultation with the aim of agreeing new provisions to replace the void or annulled provisions.

2.6 If there is any uncertainty about one or more provisions of these General Terms and Conditions, the explanation must be given 'in the spirit' of these provisions.

Article 3. Establishment of Agreement

3.1. The Customer enters into the Agreement with Yoursminc by registering for a subscription via the registration form on the Website.

3.2. Yoursminc has the right to refuse the Customer without giving any reason.

3.3. Regarding the use of the automatic bank link (optional): When concluding the Agreement, the Customer must give permission for his/her personal data to be shared with a third party involved in the execution of the Agreement, because for this third party the personal data of the Customer are necessary to be able to execute the Agreement. The Customer must give permission for the use of his/her bank account details every 90 days. This can be done in the internet portal of his/her bank. The consent given is only valid for 90 days and the Customer must therefore grant new consent every 90 days. In the event that the Customer does not grant this permission (or does not grant it in a timely manner), Yoursminc cannot execute the Agreement or have it executed. This risk is borne by the Customer and in that case Yoursminc is not liable for damages because the Customer cannot use the Service.

Article 4. Duration and termination of Agreement

4.1. The Agreement is entered into for a period of at least 1 month and will be tacitly extended every month for a period of 1 month.

4.2. The Agreement may be terminated by a Party without observance of a notice period, which termination may take place without reasons and justification.

4.3. If the Customer fails to pay an invoice on time, Yoursminc is entitled to suspend or terminate the Agreement.

4.4. After termination of the Agreement, Yoursminc will archive the Customer's data free of charge for at least two months. If the Customer decides to have his account reactivated, the archived data can be made available free of charge at the Customer's request.

4.5. If you have decided, after completing the 3-month trial period, to switch to a paid subscription for a period of a month, quarter or year and you wish to revoke this decision, you can do this within 14 days terminate the license yourself from the Application. A description of how to do this can be found in the next support article. In this situation, we will refund any payment transferred to your bank account.

4.6 In the situation in which you choose to terminate the Agreement and no longer wish to use Yoursminc, you will have to ensure that you 'secure' your administration by saving reports and possibly storing exported data on your PC, so that you comply with the legally stipulated 'retention obligation' of administrative data. Yoursminc will delete your administration 2 months after termination of your Agreement. Consult the tax authorities in the country where your company is located for the correct and current retention period.

Article 5. Terms of Use of the Service

5.1. The Customer himself determines which information is stored and/or exchanged using the Service. Yoursminc accepts no liability for the information stored and/or exchanged using the Service. The Customer hereby indemnifies Yoursminc against claims from third parties.

5.2. The Customer must keep the password for access to the Service confidential. Yoursminc is not responsible for misuse of passwords and may assume that a Customer who logs in to the Service is actually the Customer.

5.3. The Customer will act and behave in accordance with what may be expected by Yoursminc from a careful user of the Service.

5.4. Without prejudice to its other rights under the law or the Agreement, Yoursminc reserves the right to suspend its obligations to the Customer or to terminate the Agreement if it acts, or is reasonably suspected of acting, in violation of the articles in these General Terms and Conditions without that Yoursminc is obliged to pay any compensation or refund the fee for the Service.

Article 6. Access and Updates

6.1. Yoursminc will provide the Customer with the Service during the term of the Agreement. To this end, Yoursminc will give the Customer access to the Service through a username (address) and password, with which the Service can be used by the Customer.

6.2. Yoursminc has the right to adjust the Service's software from time to time to improve its functionality. If an adjustment leads to a significant change in functionality, Yoursminc will notify the Customer of the change by email. Yoursminc is not obliged to pay any compensation for damage when adjusting the Service.

6.3. Yoursminc is entitled to engage third parties in the execution of its Agreements.

Article 7. Maintenance

7.1. Yoursminc makes every effort to keep the Service available to the Customer 7 days a week, 24 hours a day.

7.2. Yoursminc reserves the right to temporarily decommission the Service for the purpose of maintenance, adjustment or improvement of the Service. Yoursminc will endeavor to ensure that such decommissioning takes place outside office hours as much as possible and will inform the Customer of the planned decommissioning in a timely manner. Yoursminc will never be liable for any damage to the Customer due to such decommissioning of the Service.

Article 8. Support

8.1. Yoursminc supports its users through a service desk that can be accessed via a so-called 'Chat Box'. The service desk is open Monday to Friday from 9:00 AM to 5:00 PM. The service desk is closed on Saturdays and Sundays.

8.2 The Yoursminc service desk can also be contacted via: email addressed to support@yoursminc.nl. Yoursminc will do its utmost to respond to emails from its users within 48 hours.

8.3 Yoursminc also offers its users a large number of articles in which various functions are explained. These articles can be found on the page of the Website www.yoursminc.nl.

8.4 Users of a paid license have unlimited use of the service desk, taking into account the times mentioned under 8.1

Article 9. Prices

9.1. All prices are in euros and exclude sales tax and other levies imposed by the government.

9.2. All prices on the Website, brochures and newsletters are subject to typographical and calculation errors. No liability is accepted for the consequences of typing and calculation errors.

9.3. Yoursminc reserves the right to change rates. Rate changes will take effect on the first day of the following month. If the Customer does not agree to this, he can cancel the Agreement with the commencement date being the first day of the following month.

Article 10. Payment

10.1. The compensation for the Services to be provided by Yoursminc will be announced to the Customer during the registration procedure on the Website.

10.2 Payment for the Services provided by Yoursminc will be made on the basis of direct debit

10.3 When entering into a subscription to the Services provided by Yoursminc, the Customer grants Yoursminc the right to automatically collect the compensation owed to Yoursminc. Collection takes place from the bank account specified by the customer during registration for the Services to be purchased.

10.4 In the event of failure of the direct debit (reversal), Yoursminc will choose to send a payment reminder that includes an electronic payment link and the payment method for future collection will take place in the same way.

10.5 The payment due is always invoiced in advance at the beginning of the month.

10.6 The direct debit for which the Customer is entitled to Yoursminc will then take place around the 15th of the following month.

10.7 The Customer is not entitled to deduct any amount from the amount due due to a counterclaim made by him.

10.8. Payment customization

Functionality expansion at the request of a Customer will be charged separately or settled as an additional subscription price.

10.9. Payment for additional Services

Additional costs will be charged for the use of additional Services, such as the option to have digital invoices recognized and processed (Scan & Recognize) and the use of the automatic bank link. The amount of these costs are stated within the Application.

The costs will be included in the next invoice the Customer receives.

10.10 After 14 days have elapsed after the invoice date, the Customer is legally in default without notice of default. From the moment of default, the Customer owes interest of 2% per month on the amount due, unless the statutory interest is higher. If the statutory interest is higher, the statutory interest applies.

10.11 If an invoice remains unpaid for more than 2 months, the Yoursminc Application will no longer allow changes to be made and data to be exported within the Customer's administration. This option will become available again as soon as the relevant invoice has been paid.

10.12 In the event of bankruptcy, suspension of payment or guardianship, Yoursminc's claims and the Customer's obligations towards Yoursminc are immediately due and payable.

10.13 Yoursminc may, without being in default, refuse an offer of payment if the Customer indicates a different order for the allocation. Yoursminc may refuse the full repayment of the principal amount if the outstanding and ongoing interest and collection costs are not also paid.

Article 11. Collection costs

11.1 If the Customer is in default or in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Customer. In any case, the Customer owes collection costs.

11.2 With regard to the extrajudicial (collection) costs, Yoursminc is entitled to compensation of 15% of the total outstanding principal amount with a minimum of €90 for each invoice that has not been paid in whole or in part.

11.3 Any reasonable legal costs and enforcement costs incurred will also be borne by the Customer.

Article 12. Intellectual property rights

12.1. All intellectual property rights to the Service made available rest exclusively with Yoursminc. The Customer exclusively obtains a right of use.

12.2. Yoursminc is permitted to take technical measures to protect the software of the Service. If Yoursminc has secured Yoursminc's software by means of technical protection, the Customer is not permitted to remove or circumvent this security.

Article 13a. Liability

13.1. Yoursminc is not liable for any indirect damage suffered by the Customer or third parties, including consequential damage, lost turnover and profit, loss of data or damage due to its disclosure and immaterial damage.

13.2 The use of Yoursminc's Services is entirely at the Customer's own risk, even if a third party is engaged in the performance of the Agreement. The European Directive for Payment Services (PSD2) states that the party that offers the Service is itself liable for damage (third party) and not the party that sells the Service to a Customer (Yoursminc).

13.3. Yoursminc's liability towards the Customer is limited per event (where a related series of events counts as one event) to a maximum of the amount paid by the Customer for the Service in the past 12 months (excluding VAT).

13.4. The Customer indemnifies Yoursminc against all claims from third parties regarding compensation for damage, costs or interest in connection with this Agreement and/or the Service.

13.5 Yoursminc is not liable for damage of any nature whatsoever because Yoursminc relied on incorrect and/or incomplete information provided by the Customer, unless Yoursminc should have been aware of this incorrectness or incompleteness.

13.6. The previous paragraphs of this article do not apply if and insofar as the direct damage in question was caused by intent or deliberate recklessness on the part of Yoursminc. Yoursminc's liability is therefore limited to direct damage caused by intent or deliberate recklessness.

13.7 The Customer must report the damage for which Yoursminc can be held liable to Yoursminc as soon as possible, but in any case within 10 days after the damage occurred, under penalty of forfeiture of any right to compensation for this damage.

13.8 The Customer must report the damage for which the third party engaged, on the basis of Article 13.2, can be held liable to Yoursminc as soon as possible, but in any case within 10 days after the damage occurred, on penalty of forfeiture of any right to compensation for this damage. Yoursminc will then forward the damage report to the third party involved, who will contact the Customer.

Article 13b. Additional liability provision in the context of links with External Systems

13.9 Yoursminc makes various links with External Systems available to its Customers, such as web shops. Yoursminc supports these links on a 'Best effort' basis, but cannot guarantee the complete and continuous correctness of the operation of these links. This is due to the fact that Yoursminc has no influence whatsoever on developments and the quality of these developments carried out by the manufacturer of the External Systems. If irregularities within the operation of the connection with an external system are discovered and reported to Yoursminc, Yoursminc will make every effort to resolve these irregularities.

13.10 Since Yoursminc cannot guarantee developments carried out by the manufacturer of the webshop in question, Yoursminc is never liable for incorrect interpretation of data by Yoursminc with regard to the data within the webshop. For this reason, Yoursminc advises its Customers to regularly check whether orders within the webshop have been correctly transferred within Yoursminc. This is to ensure that data regarding sales tax returns and other returns are correct.

Article 14. General Data Protection Regulation

14.1 Personal data is processed when using the Services. The General Data Protection Regulation (GDPR) applies to this. For an explicit explanation of the personal data of Customers that we process, please refer to us Privacy Statement. These personal data belong to the 'controller' as referred to in the GDPR.

14.2 For personal data of other people that Customers upload and further process via the Website, such as personal data on invoices that are uploaded, Yoursminc can be regarded as a 'processor' as referred to in the GDPR. These other persons are hereinafter referred to as the 'data subjects'.

The following agreements apply with regard to these personal data:

Purposes. In general, the purposes of processing personal data via the Website are: to enable you to use the functionalities of the Website.
Instructions. We, as processor, will only use the personal data to perform the Services and in accordance with any other instructions from the Customer. However, we note that we cannot provide the Services without processing the personal data.
Inform those involved. The Customer must inform the data subjects themselves about the use of their personal data.
Appropriate measures. We have taken appropriate technical and organizational measures to ensure compliance with applicable laws and regulations regarding the protection of personal data and employ sub-processors who also take such measures.
Security. By definition, we are not able to eliminate all threats and security risks, but we will ensure an appropriate level of technical and organizational security measures.
Subordinates. We ensure that anyone acting under our authority, insofar as they have access to personal data for which the Customer is responsible, will only process it on our instructions and will also treat it confidentially. Of course, we also do this ourselves.
Sub-processors. We do not use (IT) suppliers to provide the Services and therefore do not hire sub-processors. In case we were allowed to do that, the following applies. At your request we will provide an overview of the sub-processors. We make at least equivalent agreements with the sub-processors about personal data as these agreements with the Customer. We will inform the Customer when we want to change or add a sub-processor. We will ensure that the new sub-processor also adheres to at least equivalent agreements, in which case the Customer will not reasonably object to a new or different sub-processor as long as they adhere to at least these agreements with the Customer.
Third Party Requests. If we receive a request from a third party to provide access to the personal data and/or to provide it to the third party, we will inform the Customer of this. If the request is made by a competent European government authority and we are legally obliged not to inform the Customer, the foregoing does not apply. If we are permitted to inform the Customer, we will inform the Customer on the basis of which legal obligation the government agency requests the personal data.
Processing within the EEA. The personal data is stored within the European Economic Area (EEA).
Security breach. In the event that a “security breach” as referred to in the GDPR occurs with regard to personal data, we will inform the Customer of this as soon as possible. We will provide the following information available to us: (i) a description of the infringement, including the cause, the nature and extent of the infringement, the personal data affected, the nature of that personal data, the estimated amount of personal data affected and data subjects, (ii) an indication of the impact that the infringement has on the Customer and the data subjects, (iii) information about what measures have been taken to limit the consequences of the infringement and the measures that still need to be taken to limit the consequences to limit. We cannot be obliged to provide the Customer with business-confidential information.
Duration of processing, return of personal data. We process the personal data for as long as the Agreement lasts. After the end of the Agreement, we will destroy the personal data or give it to the Customer at the Customer's request. If the Customer does not request the destruction of the personal data within three months after the end of the Agreement, we may transfer it to the Customer and destroy it ourselves. If we are obliged to retain the personal data for a longer period based on a European law obligation, we will let you know.
Check. At the Customer's request, taking into account the nature of the processing and the information available to us, we will provide information about compliance with these agreements regarding personal data and comply with reasonable requests to verify this. The Customer can exercise the right to audit a maximum of once a year, after a prior notice of at least 10 working days, at his own expense. The Customer will ensure that our usual business operations are not unnecessarily disrupted during the investigation. The Customer and any third party who carries out the investigation must keep anything learned during the inspection strictly confidential. The results of the research will be shared with us at our request.
Provide other assistance. In addition, taking into account the nature of the processing and the information available to us, we will follow up on Customer's reasonable requests to assist in complying with security obligations, carrying out any mandatory privacy impact assessments (PIAs), and any mandatory consultations with the Dutch Data Protection Authority. At the Customer's reasonable request, we will further provide assistance where possible, taking into account the nature of the processing, in complying with requests from data subjects regarding their personal data.
Compensation. For work in the context of the agreements set out in this article that falls outside the usual Services, we reserve the right to request additional compensation at the then usual additional work rates. At the Customer's request, we will provide a substantiation and specification of these costs.

Article 15. Inclusion on our mailing list

15.1 Users of our Application are automatically included in our mailing list when they register to use the Application (both for a trial and for a paid license). Yoursminc uses this mailing list to periodically inform its users about matters such as: new functionality, explanation of how to use it, 'Hints and Tips' and changes to our General Terms and Conditions or our Privacy Statement.

15.2 The Customer is able to remove himself from our mailing list at any time and thereby realizes that he will not receive information distributed by us regarding the Application, but also changes to our General Terms and Conditions or our Privacy Statement.

Article 16. Force majeure

16.1. In the event of force majeure, which in any case includes disruptions in the telecommunications infrastructure (internet), civil commotion, mobilization, war, transport disruption, strike, exclusion, business disruptions, stagnation in supply, fire, flood, and export barriers and in the event that Yoursminc is not enabled to deliver by its own suppliers, regardless of the reason, as a result of which compliance with the Agreement cannot reasonably be required of Yoursminc, the execution of the Agreement will be suspended or the Agreement will be terminated, all without any obligation to pay compensation.

Article 17. Limitation period

17.1 Notwithstanding the statutory limitation periods, a limitation period of one year applies to all claims and defenses against Yoursminc and any third parties engaged by Yoursminc.

Article 18. Changes to General Terms and Conditions

18.1. Yoursminc reserves the right to change or supplement these General Terms and Conditions at any time, even if a third party involved in the execution of the Agreement changes his/her general terms and conditions.

18.2. Changes also apply to Agreements already concluded, subject to a period of 30 days after announcement of the change by electronic notification. Changes of minor importance can be made at any time.

18.3. If the Customer does not wish to accept a change to these General Terms and Conditions, he may terminate the Agreement until the date on which the new terms and conditions come into effect on this date or on the date of receipt of the notice of termination if this is after the effective date of the change.

Article 19. Applicable law and disputes

19.1. All legal relationships to which Yoursminc is a party are exclusively governed by Dutch law. This also applies if an obligation is fully or partially performed abroad or if the Customer has his/her place of residence abroad.

19.2 Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the Amsterdam district.

19.3 The applicability of the Vienna Sales Convention is excluded.

Article 20. Location

20.1 These General Terms and Conditions have been filed with the Chamber of Commerce under number 57365709.

Change history

April 17, 2021

Adjusted Article 2.2 – regarding the use of the automatic bank link (optional)

Adjusted Article 3.3 – regarding the use of the automatic bank link (optional)

Adjusted Article 10.9 – regarding the use of the automatic bank link (optional)

November 6, 2019

Added Article 4.6. 'Securing' data yourself in the event of termination of the Agreement.

April 11, 2018

Extended Article 14. General Data Protection Regulation

January 25, 2018

Added article Article 14. General Data Protection Regulation

Added article Article 15. Inclusion on our mailing list

Renumbering from Article 16

May 31, 2016

Article: 10.7 – Changed

Article: 11.1, 11.2 and 11.3 – Changed

Article: 13.4, 13.6, 13.7 and 13.8 – Changed

Article: 18.2 – Removed

Oct 10, 2016

Article: 8.1 – Changed