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General Terms and Conditions for the Use of the Workplace Pure platform and the cloud services offered thereon

  1. Scope
    1. These general terms and conditions govern the contractual relationship between the customer and Konica Minolta Business Solutions Nederland BV, Capellalaan 65, 2132JL Hoofddorp, registered with the Chamber of Commerce under no.: 30074358, info@konicaminolta.nl, (hereinafter "Konica Minolta" or "Service Provider")) in connection with the use of the Workplace Pure Platform at https://evolution.konicaminolta.com (hereinafter the "Platform") and cloud services offered thereon.
    2. The Platform and the cloud services offered on it are intended exclusively for use by corporate customers within the Netherlands.
  2. Use of the Workplace Pure Platform
    1. Access to the website on which the Platform is located is free of charge. The Customer only pays for the Cloud Services that they order and which have been accepted by the Service Provider.
    2. The Customer must register before being able to use the Platform and the Cloud Services offered there. When registering, the data entered by the Customer must be correct and complete and must be updated by the Customer at all times.
    3. After verification of the registration data and acceptance by the customer, the Service Provider will create a transaction account for the customer (hereinafter the "Customer Account").
    4. The customer can create multiple user accounts for his/her Customer Account. User accounts may only be created and maintained by persons authorised to represent the customer in legal transactions.
    5. Konica Minolta is entitled to refuse to create a Customer Account and to block or delete any Customer Account or user account if:
      1. the customer is a natural person;
      2. the customer's registration data is incorrect, incomplete or not up to date;
      3. the customer's creditworthiness is insufficient;
      4. the customer, despite warnings, seriously or repeatedly defaults on his contractual obligations as defined in section 6; or
      5. a Customer account or user account is used in an unlawful or otherwise inappropriate manner without authorisation.
  3. Ordering and use of cloud services
    1. The underlying cloud services offered on the Platform are services provided by Konica Minolta or third-party providers (also referred to individually or collectively as "Service Provider(s)") that the customer has access to via the Platform and which the customer can thus use via the Internet (known as "Software as a Service (SAAS)").
    2. The function(s)/specifications of the individual cloud services and prices can be found on the Platform.
    3. If the Customer concludes an agreement for the use of a cloud service via the Platform, an agreement for pecuniary interest comes into force between the Customer and the Service Provider concerned for the agreed period, in which the Customer is granted the possibility of using an ordered cloud service. In particular the agreement comes into effect as follows:
      1. An online agreement for the use of a cloud service comes into force if (1) the Customer completes the relevant order process by entering the required data on the Platform, which simultaneously results in a binding offer by the Customer to the Service Provider to conclude the corresponding agreement, and (2) the Customer has not entered into an online agreement with the Service Provider. and (2) the Service Provider accepts this offer, either explicitly by means of a statement or implicitly by supplying the cloud service requested by the Customer. An acknowledgement of receipt from a Service Provider does not constitute acceptance of the offer.
      2. Once the contract has been concluded, the Service Provider shall send the Customer the access data necessary for the use of the relevant cloud service at the e-mail address provided by the Customer during the ordering process and shall make the cloud service accessible to the Customer at the router exit point of the data centre where the host server of the cloud service is operated (hereinafter the "Transfer Point"). Establishing and maintaining the connection between the IT systems of the customer and the Transfer Point are not part of this agreement and are the responsibility of the customer.
      3. The Terms of Use are displayed for each individual cloud service displayed in the product description of the relevant cloud service on the Platform. These terms of use must be accepted by the Customer at the time of order. If no specific terms and conditions of use are stated, or if there is a legal gap in the terms and conditions, these General Terms and Conditions apply additionally or as a replacement. In the event of contradiction, the user terms and conditions shall prevail.
    4. A cloud service can be ordered on the basis of four different price and term models, whereby on the Platform or in the offer. It must be indicated on the Platform or in the offer which of the models listed below is available for the cloud service in question.
      1. Five-year agreement (Battery Pack). The Customer can opt for a five-year agreement, also known as a Battery Pack. During this five-year period, the Customer will pay a fixed monthly fee for the use of the chosen cloud service(s), regardless of the actual number of transactions involving the use of the cloud service. The contract starts on the day the cloud service is made available to the Client and ends automatically on the expiry of five years. The Client is entitled to terminate this agreement prematurely upon payment of a termination fee equal to the unpaid portion of the full agreed price for five years.
      2. Agreement of one year. The customer can opt for a one-year contract. During this year, the Customer shall pay a fixed fee for the use of the chosen cloud service(s), regardless of the actual number of transactions involving the use of the cloud service. The agreement starts on the day the cloud service is made available to the Client and ends automatically upon expiry of one year. The Client is entitled to terminate this agreement prematurely upon payment of a termination fee equal to the unpaid portion of the full agreed price for a one-year.
      3. Contract of one month. The Customer can order cloud services online via the platform and opt for a one-month contract. For this month, the Client will pay a fixed lump-sum fee in exchange for using a specific volume of the cloud service(s) ordered, (e.g. number of pages, credits or documents) in the one-month period .. . The agreement starts on the day the cloud service is made available to the customer. The term of the contract shall be tacitly extended by one month at a time by operation of law, unless one of the parties the contract by e-mail or by registered letter, with due observance of a notice period of 14 days.
      4. Pay-per-use agreement. The Client can order online cloud services via the platform for a contractual period of one month and an undetermined volume (e.g. pages, credits or documents). During this month, the Client will only pay for the actual use he makes of the cloud. The customer will only pay during this month for the actual use he makes of the cloud service. This agreement starts on the day the cloud service is made available to the customer. The duration of the contract shall be automatically extended by one month at a time, unless one of the parties terminates the agreement prematurely by e-mail or by registered letter, observing a notice period of 14 days.

      The cloud services are limited either to the number of transactions for the use of the cloud service or to the number of users who may use the cloud service (hereinafter: "users"). If this allocated use is exceeded, the customer will automatically enter the "pay per use "system without having to conclude a new agreement. The exceeded consumption will thus be invoiced, in addition to the monthly lump sum, on the basis of the actual number of acts of overconsumption. If the Customer wishes to avoid this, the Customer must conclude a new agreement with the Service Provider at a flat rate of five years, one year or one month.

      If several agreements exist for an individual cloud service at the same time (e.g. a one-year subscription and a Battery Pack), the allocated use of all current agreements shall first be used up before invoicing starts in the "pay per use" system.

    5. The Service Provider is entitled to terminate the agreement for the use of a cloud service without notice if, despite warnings, the Customer seriously or repeatedly violates his contractual obligations under the agreement. seriously or repeatedly.
  4. Assignment of rights
    1. As part of the agreement for the use of a cloud service, the relevant Service Provider grants the Customer, for the duration of the agreement, a non-exclusive and non-transferable right to access the relevant software (i.e. the cloud service) via the Internet and to use this software for its own professional purposes in the context of its commercial or self-employed professional activity. As the software (i.e. the cloud service) is not supplied as source or object code but "as a service", the customer is not granted any licence, use or exploitation rights of the software (cloud service) under copyright law, with the exception of the right to load the software into the computer memory for its intended use.
    2. The Customer grants the Service Provider, for the purpose of performance of the contract, the right to process the data transmitted when using the cloud service and, if necessary, to store and/or copy it, in so far as this is necessary for the provision of the contractually agreed services. The Service Provider and the Customer will enter into a processing agreement for the processing of these personal data.
  5. Service and support
    1. Konica Minolta will provide free online support to assist in the use of the Platform and the cloud services offered thereon. The customer must create a ticket within the Workplace Pure platform to receive support. Support does not include general knowledge transfer, training, configuration and implementation, nor customer-specific documentation or customisation of cloud services. Online support is provided from Monday to Friday during normal business hours (8.30 a.m. - 5 p.m.), excluding public holidays.
    2. The cloud services offered on the Platform are subject to improvements and changes to the services (e.g. through updates and upgrades or the use of newer or different technologies, systems, processes or standards). The customer will be informed of all significant changes to the services in good time in advance. If the changes to the services result in significant disadvantages for the customer, the customer is entitled to exceptionally terminate the contract on the date of the change without any termination indemnity or compensation in any sense. In order to be free from any termination indemnity or compensation, the customer must give notice of termination within two weeks of receiving notice of the change.
    3. The Service Provider shall strive for an average annual network availability at the router exit point of the data centre where the cloud service is operated of at least 98%. Availability is measured on the basis of the total number of minutes required to resolve failures on the Platform per year relative to the number of minutes in a year. Time required for the maintenance window, for optimisation and performance improvement or spent on the resolution of faults for which the relevant Service Provider is not responsible is not taken into account for measuring availability.
  6. Obligations of the customer
    1. The customer and the users authorised by the customer are subject to the following obligations in relation to the use of the Platform and the cloud services offered thereon.
      1. The access data for the use of the Platform and the ordered cloud services must be by the customer. The customer must store the access data for the use of the Platform and the ordered cloud services securely and protect it from access by unauthorised third parties.
      2. The customer shall immediately inform Konica Minolta of any unauthorised use of the access data. The same applies to all other risks of abuse of which the customer becomes aware and to any threat to the security and integrity of the data on the Platform and the cloud services offered thereon.
      3. The customer may not use a cloud service (make a cloud service available to a third party in return for payment or free of charge) The customer may not make a cloud service available to a third party in return for payment or free of charge.
      4. The customer may not permanently store, copy, decompile, disassemble or reverse engineer the software made available as a cloud service. Furthermore, it is prohibited to use the software or parts thereof to create a separate application.
      5. All data required for using the cloud service must be stored by the customer in a secure manner and protected from access by unauthorised third parties. must be made by the customer. The customer must make back-ups of all data necessary for the use of the cloud service. Data must be checked by the customer for viruses or other harmful components before they are entered or transmitted. To this end, the customer must use the most recent antivirus software.
      6. Cloud services may only be used in accordance with these General Terms and Conditions and in compliance with the applicable legal provisions. The transmission, processing, storage or distribution via the Platform of content which is unlawful or immoral, sexually explicit or offensive or which glorifies violence is prohibited.
    2. The customer is obliged to indemnify the Service Provider for all third-party claims brought against the Service Provider for infringement of rights by the customer (or by a third party with the customer's consent) in connection with the use of the cloud service. The customer is obliged to notify the Service Provider immediately if it perceives an immediate risk of such an infringement.
  7. Payment
    1. The amount to be paid, the due date and the period covered for the use of a cloud service can be found in the relevant product description on the Platform, which the customer must accept at the start of the agreement. Unless otherwise stated, the prices are stated as a monthly recurring amount, and the amounts are charged by the relevant Service Provider at the beginning of each month or at the beginning of each contract for immediate and full payment.
    2. Electronic invoicing by the Service Provider is possible. Electronic invoices will be sent as a pdf file to the e-mail address that the Customer recorded when registering his account or it will be made available to the Customer online on the platform.
    3. If the customer fails to fulfil their obligation to pay the amount due in full and on time, Konica Minolta or the relevant Service Provider shall be entitled to block access to the Platform and use of the cloud services ordered by the customer until such time as all payments due have been received.
  8. Liability
    1. If the Customer suffers damage through or as a result of the use of the Platform or a cloud service offered thereon, the Service Provider concerned shall be liable for such damage, and the damage shall be limited to the amount already paid by the Customer to the Service Provider in execution of the Agreement.
    2. Liability of the Service Provider for loss of profit and indirect or consequential loss is excluded.
    3. The limitations of and exceptions to liability set out in Sections 8.1 and 8.2 also apply in favour of the staff, representatives and vicarious agents of the relevant Service Provider.
  9. Data protection
    1. To the extent that the Service Provider has access to personal data of the Customer in the context of the Service, it shall act as a processor and, as such, may only process the data for the purpose of fulfilling the Agreement.
    2. The customer shall remain the controller within the meaning of the data protection legislation. ("AVG") Consequently, if the customer processes personal data when using the cloud service, it shall be the customer's responsibility to ensure that it is authorised to do so under the applicable data protection regulations and to indemnify the Service Provider against any third party claims in the event of a breach.
    3. The parties accept the attached processor agreement.
  10. Final provisions
    1. The agreement with the customer is governed by the following conditions:
      1. The terms and conditions of use on the platform for the specific cloud service ordered by the customer
      2. These general terms and conditions
      3. The processing agreement

      In the event of any ambiguity or contradiction between the above terms and conditions, the document listed highest in rank shall take precedence.

    2. The use of the Platform and the cloud services offered thereon, as well as the associated terms and conditions as described in Article 10.1 are governed by Dutch law, with the exclusion of the Vienna Sales Convention and any other UN Conventions on International Sales Agreements.
    3. For all disputes arising from the use of the Platform or the cloud services offered on it, the Court of Amsterdam shall have exclusive jurisdiction.