General Terms and Conditions — JJ IT Studio

Applicable to Hydro Habit and other services of JJ IT Studio

These general terms and conditions apply to your use of the Hydro Habit application and other services offered by JJ IT Studio. By creating an account or using the service, you agree to these terms.

1. Parties

JJ IT Studio, registered with the Dutch Chamber of Commerce under number 99842114, located at Karperstraat 136, 1432 Aalsmeer, Aalsmeer, user of these general terms and conditions.
Further details of JJ IT Studio: Website: www.jjitstudio.com; email: info@jjitstudio.com; telephone: +31 (0)6 55 08 22 84; VAT identification number: NL 005 414 061 B19.
The Client: the (prospective) recipient of services offered by JJ IT Studio.
The Visitor: an entity/visitor of the JJ IT Studio website.

2. Applicability

JJ IT Studio declares these general terms and conditions applicable to every offer by JJ IT Studio and to all agreements entered into between the parties, whether or not arising from such an offer. Insofar as the content has not been amended or no more specific terms apply between the parties, these general terms and conditions shall also apply to future contractual relationships between the parties.
Deviations from these terms apply only insofar as they have been expressly agreed in writing between the parties.
General (purchase) terms and conditions of the Client are expressly rejected.
Third parties involved by JJ IT Studio in the performance of the agreement may also rely on these general terms and conditions.
If one or more provisions of these general terms and conditions are void or annulled, the remaining provisions shall remain in full force and effect, unless mandatory law provides otherwise. The parties shall then consult to agree on replacement rules that reflect as closely as possible the purpose and intent of the void or annulled provisions.

3. Offer and agreement

Every offer, whether in the form of a quotation or otherwise, is entirely and unconditionally non-binding and revocable and is valid for 14 days, unless JJ IT Studio indicates otherwise in writing.
Prices stated on the website or in any other form of offer are in euros, inclusive of 21% VAT, and subject to levies, surcharges, and other factors.
All statements by JJ IT Studio regarding size, colour, and other display specifications of services to be delivered are merely indicative. Minor deviations shall not constitute a failure by JJ IT Studio to perform the agreement.
Obvious clerical errors and inadvertent mistakes in the offer are not binding on JJ IT Studio.
A legal relationship governed by these terms arises when the Client creates an account on the JJ IT Studio website. These terms then apply, among other things, to every agreement the Client enters into directly or indirectly via this account. Such further agreements arise when both parties have signed a written offer, when JJ IT Studio has confirmed acceptance in writing, or when JJ IT Studio or a third party on its behalf has commenced performance.
JJ IT Studio is expressly not a party to any agreement between the Client and the Visitor or third parties. Disputes arising from such an agreement must be resolved by the parties themselves. JJ IT Studio plays no role in this and is therefore not responsible for performance of any agreement with the Visitor or third parties.
The offer has been made in good consultation. By entering into the agreement, the parties consider all amounts and arrangements reasonable and fair.
The application provides only general information, support, and tools in the field of health and wellness.
The application does not replace medical advice, diagnosis, or treatment by a physician or other healthcare provider.

4. Account/Profile

The Client is only permitted to create an account personally with the consent of the Client's legal representative.
Each account must represent the Client's entity. Requested information must be completed truthfully. The Client may therefore not create a fictional character or represent another entity.
It is not permitted to provide login credentials to third parties or to use third parties' login credentials to use offered services. The Client is responsible for all use and actions, whether or not with the Client's consent, carried out via the Client's account. The Client must report any unauthorised use of the account to JJ IT Studio as soon as possible.
JJ IT Studio reserves the right to refuse an account application or to terminate an existing account after registration for any reason, for example in the event of a breach of these terms or other house rules of JJ IT Studio. JJ IT Studio also reserves this right if the identity or business operations of the Client's company do not fit within the ethics and target audience of JJ IT Studio. In the latter case, the Client owes no additional compensation. JJ IT Studio reserves the right to temporarily suspend an account or place it on a waiting list.
The Client is not permitted to request or manage more than one (1) account. The Client is further not permitted to request or manage an account (again) after JJ IT Studio has refused the Client's account application or terminated an account after registration.
The Client may have the account terminated if they no longer wish to use JJ IT Studio's services. The Client must notify JJ IT Studio of this by email, stating their login credentials.
Content placed by the Client is not automatically deleted when the account is terminated. Responsibility for deletion or requesting deletion lies with the Client. If the Client does not delete or arrange deletion of the content, JJ IT Studio retains a continuing right of use under the same conditions set out in these general terms of use.
JJ IT Studio is not obliged to compensate the Client for costs or damage in connection with termination of an account for any reason.

5. Performance of the agreement and obligations of JJ IT Studio

The Client enables JJ IT Studio to perform the agreement. The Client undertakes to provide the cooperation necessary for JJ IT Studio to perform the agreement.
JJ IT Studio will perform its obligations as soon as possible. Deadlines for JJ IT Studio are not fatal, so the Client must always first give JJ IT Studio notice of default, allowing a reasonable period, before taking any remedy.
JJ IT Studio is free to have the assignment and/or delivery carried out by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
JJ IT Studio reserves the right to change the content, form, and format of communications or the Client's account/profile at any time and at its own discretion, without the Client being entitled to compensation or refund of (part of) the price. This shall therefore never be regarded as a failure by JJ IT Studio to perform the agreement. JJ IT Studio is entitled to display commercial advertisements, including those of competitors, on the page.
JJ IT Studio reserves the right to change the layout of the website (including usage options, etc.) at any time and at its own discretion, without the Client being entitled to compensation or refund of (part of) the price.
JJ IT Studio endeavours to publish the website(s) or business accounts/profiles throughout the term of the agreement. However, JJ IT Studio does not guarantee uninterrupted, error-free, and/or faultless publication or that the website(s) will be accessible at all times. JJ IT Studio is entitled, without prior notice, to take the website(s) or business accounts/profiles (temporarily) out of use and/or restrict their use if, in its reasonable opinion, this is necessary, for example for required maintenance of the website or systems.
Personal data are processed in accordance with applicable privacy legislation and JJ IT Studio's privacy policy. See our Privacy Policy.

6. Performance of the agreement and obligations of the Client

The account/profile, quotation, or other communication placed by the Client on the JJ IT Studio website or otherwise sent to the Visitor must comply with the following general rules:
1. The title and text must accurately and clearly describe the content of the account, quotation, or other communication.
2. Titles and text of the account, quotation, or other communication may only be written in Dutch or in the language requested by the Visitor.
3. The content of the account, quotation, or other communication, including described working methods and images, must correspond to the service/product offered.
4. It is not permitted to mention only part of the business operations in the account, quotation, or other communication.
5. The title and text of the account, quotation, or other communication must not be misleading, inaccurate, or incorrect.
6. Only product names or definitions that are recognised or commonly used in Dutch may be used in the title and text of the account, quotation, or other communication.
7. It is not permitted to include a disclaimer in the account, quotation, or other communication.
8. It is not permitted to write discriminatory texts of any kind in the account, quotation, or other communication. This includes, but is not limited to, discrimination based on race, sex, sexual preference, skin colour, and religion.
9. The account, quotation, or other communication must not contain statements contrary to the law, other regulations (including the Dutch Advertising Code), public order, or good morals. The content must also not infringe the (intellectual property) rights of third parties, except with lawful permission.
10. It is not permitted to submit a quotation offering business activities that are contrary to the law or public order.
To monitor compliance with the agreed terms and safeguard quality, JJ IT Studio is entitled to request and monitor quotations or other communication between the Client and the Visitor. The Client is obliged to cooperate.
Unless otherwise agreed, the Client must pay all fees in full before delivery commences, and payment is made by direct debit. The Client grants JJ IT Studio authorisation to collect the agreed price by direct debit from the Client's bank account. If payment is made on invoice, a payment term of 14 days applies.
If the Client is a natural person acting in the exercise of a profession or business or a legal entity, JJ IT Studio is immediately entitled upon expiry of the agreed payment term to charge the Client default interest of 1% of the principal amount — including collection costs — per month, as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal owed, with a minimum of EUR 150 excluding VAT. If the Client is a natural person not acting in the exercise of a profession or business, the statutory rules on interest and collection costs apply.
JJ IT Studio is entitled to change its rates. An announced change must be objected to by the Client within 14 days; if the Client does not object, the agreement continues with the new rates. If the Client objects, the agreement may continue unchanged or either party may terminate the agreement within 14 days.

7. (Interim) Termination of the agreement

JJ IT Studio has the right to terminate the Client's account and remove all posted content if the Client has not used their login credentials for twelve (12) months. In addition, JJ IT Studio has the right to terminate the account and/or agreement with the Client with immediate effect for the future by written notice, without (further) prior notice of default and without any right to compensation, if:
1. (Provisional) suspension of payments is granted to the Client or the Client is declared bankrupt, the Client applies for a debt restructuring scheme, or the Client is placed under guardianship or administration;
2. The Client wholly or partly ceases business operations or otherwise liquidates and/or materially changes or transfers business activities to a third party without prior written consent of JJ IT Studio;
3. It appears at any time that the Client has provided incorrect information or otherwise misled JJ IT Studio, for example regarding the identity and personal characteristics of the Client;
4. The Client breaches these or other applicable terms;
5. JJ IT Studio doubts the integrity or reliability of the Client, for example regarding compliance with ethical codes in the relevant industry or the quality of business operations. This applies in any event if JJ IT Studio receives a complaint about the Client from a Visitor.
In the event of termination of the agreement, all payments owed by the Client to JJ IT Studio become immediately due and payable in full. No refund of any credits will be made.
After a period of one (1) year, either party may terminate the agreement with one (1) month's notice, unless otherwise agreed. If termination is by the Client, JJ IT Studio is not obliged to refund amounts already paid. After termination, the Client is no longer entitled to submit claims.

8. Liability

The Client must inspect every delivery under the agreement by JJ IT Studio as soon as possible, but within 48 hours after delivery. If performance does not meet what was agreed, the Client must have reported this in writing by email to JJ IT Studio within 72 hours after delivery.
JJ IT Studio is not responsible for the quality and quantity of the display of the account, quotation, or other communication on the website or otherwise.
The Client is solely responsible for the content of the account, quotation, or other communication and indemnifies JJ IT Studio — in and out of court — against any claims by third parties in this regard.
The Client warrants that digitally supplied content is safe and contains no viruses or other harmful content that could in any way damage the computer systems or software of JJ IT Studio and/or third parties. JJ IT Studio is in no way liable for the content of the account, quotation, or other communication, including photo and/or other visual material. The Client indemnifies JJ IT Studio in and out of court against claims by third parties relating to content of the Client's account, quotation, or other communication.
The Client bears the risk of correct and timely delivery of the account, quotation, or other communication, regardless of how the Client supplies it.
JJ IT Studio is in no way liable for any damage arising from the (temporary) unavailability of the account, quotation, or other communication.
In the event of any failure by JJ IT Studio to perform the agreement, JJ IT Studio is exclusively obliged to adjust the account or other communication, extend publication, or credit costs, without the Client being entitled to any (damage) compensation.
If and insofar as any liability rests on JJ IT Studio, for whatever reason, such liability is at all times limited to an amount equal to the invoice amount from which the damaging event arose.
If and insofar as any liability rests on JJ IT Studio arising from intent or gross negligence on the part of JJ IT Studio, such liability deviates from paragraph 8 and is at all times limited to an amount equal to the invoice amount from which the damaging event arose.
If paragraphs 8 and/or 9 cannot apply for any reason, for example because they would be annulled, then insofar as any liability rests on JJ IT Studio, for whatever reason, such liability is limited to the amount covered by JJ IT Studio's professional or business liability insurance in the relevant case.
Liability of JJ IT Studio never extends to consequential damage and, except in cases of intent or gross negligence, also not to property damage, non-pecuniary damage, or lost profits.
JJ IT Studio is not responsible for statements, actions, or performances of the Visitor, whether or not via its website. Unless expressly stated otherwise, JJ IT Studio is not a party to the agreement between the Client and a Visitor. All claims and other disputes must be resolved between them. The content of an agreement between the Client and a third party, such as a Visitor, may contain different and/or additional terms than initially shown on JJ IT Studio. The actual terms must therefore be negotiated and agreed independently by the parties. Texts provided via JJ IT Studio by third parties, such as a Visitor, do not constitute an irrevocable legal offer/acceptance.
The JJ IT Studio website contains URLs/links to (social media) websites. These referral options are offered as a facility and do not constitute a recommendation by JJ IT Studio. JJ IT Studio is in no way liable for the content of linked websites or for the acts or omissions of those third parties.
In principle, JJ IT Studio does not apply censorship and is not actively involved in screening content on its website (account, quotation, or other communication) posted or provided by the Client or other third parties. The Client accepts all risks associated with contacts with third parties established via the JJ IT Studio website. The Client must independently verify all published content. JJ IT Studio expressly reserves the right to monitor the account, quotation, or other communication for quality control and compliance with agreed terms. The Client must fully cooperate.
If an assignment is given by multiple clients, all clients are jointly and severally bound to the agreement. If JJ IT Studio accepts the assignment with multiple contractors, each contractor is responsible for its own actions. Article 7:407(2) of the Dutch Civil Code is excluded.
The Client is not permitted to use personal data of the Visitor for purposes other than submitting the specifically requested quotation. The Client indemnifies the Visitor against all liability resulting from a breach of this prohibition.
The Client and/or Visitor remains at all times solely responsible for decisions regarding their health. In case of doubt or medical complaints, the Client and/or Visitor should contact a physician or other qualified healthcare provider.

9. Force majeure

Force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which JJ IT Studio has no influence and which wholly or partly prevent or hinder the functioning, availability, security, or continuity of the app, platform, systems, networks, or services of JJ IT Studio. This includes, but is not limited to: failures or outages of the internet, hosting services, or telecommunications infrastructure; cyberattacks including synflood, network, DoS, and DDoS attacks; power outages; energy supply failures; shortcomings of third parties on whom JJ IT Studio depends; business disruptions; stagnation in supply or service delivery; transport or traffic disruptions; war; mobilisation; civil unrest; strikes; lockouts; fire; floods; loss or damage to data; import and export restrictions; epidemics; pandemics; and government measures.
If, in JJ IT Studio's opinion, a situation arises that poses a danger to the functioning, security, or availability of the app, platform, systems, or networks of JJ IT Studio or third parties, JJ IT Studio is entitled to take all measures it reasonably deems necessary to avert, limit, or prevent such danger. This includes temporarily restricting, suspending, or taking (parts of) the service out of use. The Client has no right to compensation in that case.
During force majeure, JJ IT Studio's obligations are suspended. JJ IT Studio is not obliged to perform any obligation during the period of force majeure for as long as performance cannot reasonably be required of it.
If the force majeure situation continues for longer than one (1) month, or if performance remains permanently impossible or becomes disproportionately burdensome for JJ IT Studio, JJ IT Studio is entitled to terminate the agreement wholly or partly or permanently end the service by written notice to the Client, without judicial intervention and without being obliged to pay any compensation.
If JJ IT Studio has already partially performed its obligations upon occurrence of force majeure or can still partially perform, it is entitled to invoice the part already delivered or performed separately, or to credit prepaid amounts on a pro rata basis.
In the event of full or partial termination of the agreement under this article, all amounts owed by the Client to JJ IT Studio at that time become immediately due and payable.

10. Privacy and intellectual property

All intellectual property rights in the content of the website, such as designs, images, videos, texts, software, and audio files, belong to JJ IT Studio. Third parties may not commercially use or otherwise reproduce these without prior consent of the holder of those intellectual property rights.
The Client is not permitted to use software to collect and process data from the JJ IT Studio website.
The Client is not permitted to send unsolicited mail or emails, spam, make unsolicited calls, or otherwise contact the Visitor for the purpose of promoting or selling products and/or services of itself or third parties, except of course for the business activity for which a quotation request was submitted.
The Client guarantees that it uses the website and all related products, services, and documentation in accordance with all applicable laws and regulations on intellectual property and privacy protection. The Client is not permitted to use personal data of the Visitor for purposes other than submitting the specifically requested quotation. If the Visitor objects to use of their personal data, the Client must cooperate and JJ IT Studio is entitled to terminate the agreement without (additional) compensation. Any amount prepaid by the Client will then be refunded.
All data may be used by JJ IT Studio after anonymisation for promotional, training, advisory, or statistical purposes. All data are retained in anonymised form after deletion, for whatever reason, and may be used.
JJ IT Studio may use the (trade) name of the Client and all accounts/profiles or quotations and their content for its own publicity purposes. By creating an account, submitting a quotation, or placing an advertisement, the Client automatically grants JJ IT Studio a free, worldwide, irrevocable, sublicensable, and transferable licence to use, reproduce, distribute, and publicly disclose its (trade) name and the content of a profile/account or quotation (and to allow third parties to use and reproduce it) for marketing, promotional, and/or advertising purposes. The Client guarantees that it is authorised to grant this licence.

11. Amendments to the general terms and conditions

JJ IT Studio reserves the right to amend or supplement these general terms and conditions. Amendments also apply to agreements already entered into, subject to a period of 30 days after announcement of the amendment. Amendments of minor importance may be implemented at any time. If the Client does not wish to accept an amendment to these general terms and conditions, the Client must notify JJ IT Studio in writing before the date on which the new general terms and conditions take effect.

12. Forum, choice of law, and transfer of rights

JJ IT Studio is entitled to transfer its rights and obligations under this agreement to a third party. The Client may only transfer its rights and obligations to a third party with written consent of JJ IT Studio.
Dutch law applies exclusively to this and other agreements entered into between the parties, with express exclusion of the Vienna Sales Convention. If in the future an obligation arises between the parties other than from an agreement, Dutch law also applies to that obligation.
If a dispute arises from the agreement between the parties, the court with exclusive jurisdiction is the court in the district in which the municipality where JJ IT Studio's head office is located is situated. If a dispute arises between the parties regarding non-contractual obligations, the court in the district in which the municipality where JJ IT Studio's head office is located is situated also has exclusive jurisdiction.

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