Terms and conditions

In these general terms and conditions, the following terms mean:

• Customer: the organisation that concludes an Agreement with Hometwin or is negotiating one.
• Platform: Hometwin's digital home record, consisting of the app for Participants, the portal for Customers and the related services.
• Participant: a natural person who is given access to the Platform through Customer.
• Agreement: the arrangements between Hometwin and Customer, consisting of the accepted quote, the order confirmation, these general terms and conditions and any additional arrangements.
• Commitment: the number of Participants Customer takes within the Term, as set out in the Agreement.
• Term: the period for which the Agreement is concluded.
• In writing: by letter or by email.

• These general terms and conditions apply to all quotes from Hometwin and to all Agreements between Hometwin and Customer.
• General terms or purchasing terms of Customer do not apply unless Hometwin has accepted them In writing.
• In the event of a conflict between documents, this order applies: first the order confirmation, then the quote, then any additional arrangements made In writing, then these general terms and conditions.
• The Agreement contains all arrangements between the parties about the Platform. Earlier arrangements, promises and correspondence do not apply insofar as they are not included in it. Changes and additions only apply if the parties record them In writing.
• If a provision of these terms is void or voidable, the other provisions remain in force. The parties will then replace the provision with a valid one that comes as close as possible to its intention.

• Quotes from Hometwin are without obligation and valid for the period stated in the quote. If no period is stated, the quote is valid for thirty days.
• The Agreement is formed when Customer confirms the quote on the personal order page, or when Hometwin confirms the Agreement In writing.
• A confirmation on the order page or an electronic signature counts as signing. The Agreement may be signed in several counterparts, electronically or on paper; together they form one agreement.
• Whoever confirms the quote on behalf of Customer declares to be authorised to do so.
• Obvious errors or mistakes in a quote do not bind Hometwin.

• The Agreement and the Term take effect on the date of the order confirmation. From that moment, Customer may invite Participants, and they count towards the Commitment.
• The Term consists of the rest of the month of the order confirmation, plus the number of months stated in the quote. With 36 months and an order confirmation on 12 March, the Term therefore runs from 12 March up to and including 31 March three years later.
• Within the Term, Customer takes at least the Commitment. A Participant counts for one year of access to the Platform by default; someone who gets two years of access to the Platform counts as two.
• Customer decides at what pace Participants are invited, as long as the Commitment is reached within the Term.
• When the Term ends, the Agreement ends, unless the parties agree an extension In writing. In that case Participants keep the access already granted to them until the end of their year.

• All prices are in euros and exclude VAT and other taxes, levies and duties imposed by the government. These are borne by Customer, except for tax on the profit of Hometwin. If it later turns out that such taxes or levies were due, for example after an audit or a change in the law, Customer pays them on first request.
• The price per Participant in the Agreement is fixed for the entire Term.
• The discount consists of the discount that belongs to the plan and the discount for the chosen options, as stated in the quote. Discounts for loyalty and prepayment apply as long as Customer keeps to the related arrangement. If an arrangement no longer holds, only that discount lapses, from the next invoice. Customer notifies Hometwin of this In writing.
• Discounts only apply during the Term. After the Term, or after an early end of the Agreement, the then-current list price applies to new Participants, unless the parties agree otherwise In writing.
• Customer may at any time ask Hometwin In writing to let the discount for an option lapse; the related arrangement then lapses from the next invoice.
• If Customer wants to increase the Commitment during the Term, the parties discuss a suitable new price. An increase is recorded In writing.
• Work outside the Agreement, such as custom development, integrations or migrations, is only carried out after a written order and at the price the parties agree for it.

• Without prepayment, Hometwin invoices monthly in arrears for the Participants added in that month. With prepayment, Hometwin invoices the full Commitment at the start of the Term.
• Invoices are paid within thirty days of the invoice date, by bank transfer, without set-off or suspension. If the parties agree another payment method, such as a credit card, its costs are borne by Customer.
• If Customer does not pay on time, Customer is in default without notice of default being required and owes the statutory commercial interest. In addition, the extrajudicial collection costs are borne by Customer, also when Hometwin hands the claim to a collection agency, as are the court costs insofar as the court awards them.
• Customer raises any objection to an invoice In writing, with reasons, within fourteen days of the invoice date. An objection does not suspend payment of the undisputed part.
• If a payment is still outstanding after a written reminder, Hometwin may suspend the invitation of new Participants until the payment has been received. Participants who already have access keep it.

• At the end of the Term, Hometwin counts the number of Participants taken within the Term.
• If that number is below the Commitment, Hometwin invoices the difference once, at the price per Participant in the Agreement.
• With prepayment, the Commitment has already been invoiced and no settlement follows.
• Participants above the Commitment have already been invoiced monthly; no extra settlement follows for them.

• For the Term, Hometwin grants Customer a non-exclusive and non-transferable right to use the Platform for inviting and supporting Participants, within the limits of the Agreement.
• Customer only invites Participants with whom Customer has a relationship and who can reasonably expect an invitation, and does not send unsolicited advertising through the Platform.
• Customer keeps login details for the portal secret, limits access to employees who need it and is responsible for what happens with those accounts.
• Customer does not use the Platform in breach of the law or of the rights of others, does not attempt to circumvent its security and does not disrupt its operation.
• If Customer breaches these arrangements, Hometwin may suspend Customer's access to the portal until the breach has ended. Hometwin gives notice beforehand, unless immediate action is necessary.

• A Participant has their own account and their own relationship with Hometwin. The data about the home and about the Participant themselves belong to the Participant.
• The Participant decides which data are shared with Customer or with others. Customer only sees what the Participant shares.
• Customer only uses shared data for the purpose for which the Participant shared them.
• After the Agreement ends, Participants keep their account and their data, under the terms that apply to Participants.

• The parties comply with the General Data Protection Regulation and other applicable privacy legislation.
• Hometwin processes personal data in accordance with its privacy statement.
• Insofar as Hometwin processes personal data on behalf of Customer, Hometwin is a processor and Hometwin's data processing terms apply. They form part of every Agreement, without the parties signing them separately, and prevail over these general terms and conditions in the event of a conflict.
• Hometwin may engage sub-processors to provide the Platform, such as hosting and email providers. Hometwin imposes the same obligations on them as it has itself. The current list of sub-processors is in the data processing terms.
• Customer warrants that it has a valid legal basis for the personal data it provides to Hometwin, such as the email addresses of Participants to be invited.

• Hometwin takes appropriate technical and organisational measures to protect data against loss and unlawful use, such as encrypted connections, access control and backups.
• If Hometwin discovers a breach that affects Customer or Participants, Hometwin informs Customer without undue delay and helps limit the consequences.

• Hometwin makes every effort to keep the Platform available as well as possible, but does not guarantee uninterrupted or error-free operation, unless the parties have agreed a service level In writing.
• Hometwin may maintain, improve and change the Platform. Planned maintenance that noticeably limits availability is announced in advance.
• Hometwin does not make changes that substantially worsen the core of the agreed service without consulting Customer.
• The Platform uses services of third parties, such as hosting, email and map data. For failures at those third parties, Hometwin is only responsible insofar as it could have prevented or limited them with reasonable measures.
• Customer receives the support that belongs to the plan in the Agreement. Support is given in Dutch or English, through the channels Hometwin designates for it.
• Customer appoints one or more contact persons for support. Questions from Participants about Customer's own services are answered by Customer; Participants can ask Hometwin directly about how the Platform works.
• Advice from Hometwin consists of recommendations. Customer decides whether to follow it and remains responsible for the results. Support does not include building software or integrations for Customer, unless this has been agreed separately In writing.

• All intellectual property rights in the Platform, the software, the design and the documentation belong to Hometwin or its licensors. The Agreement does not transfer these rights.
• Customer keeps the rights to its own material that it supplies, such as logos and house style, and permits Hometwin to use that material to provide the Platform.
• Hometwin may use data that cannot be traced back to a person or a home to improve the Platform.
• During the Term and for one year after, Hometwin may name Customer, with its name and logo, as a user of the Platform, unless Customer objects In writing. Hometwin only publishes a case study or press release about Customer after Customer's written approval.

• The parties keep the other's confidential information secret and only use it to perform the Agreement. Information is confidential if it has been marked as such or if this follows from its nature, such as pricing arrangements and business data.
• Each party protects the other's confidential information with at least the same care as its own confidential information, and only gives access to it to employees and engaged third parties who need the information and who are bound In writing to a comparable confidentiality obligation.
• Confidentiality does not apply to information that is already public, that a party already lawfully had, or that a party must provide under the law or a court decision.
• Confidentiality continues to apply until two years after the end of the Agreement.

• The liability of Hometwin is limited to compensation for direct damage, up to at most the amount Customer paid under the Agreement in the twelve months before the event that caused the damage.
• Hometwin is not liable for indirect damage, such as consequential damage, lost profit, missed savings, damage due to business interruption and loss of data that Customer could have secured itself.
• The limitations in this article do not apply to Customer's payment obligations, such as invoices, the Commitment and the settlement at the end of the Term. These are always due in full.
• Customer is not liable for indirect damage of Hometwin, except in the event of an infringement of the intellectual property rights of Hometwin or use of the Platform in breach of article 8.
• These limitations do not apply in the event of intent or deliberate recklessness of Hometwin or its management, nor insofar as the law does not permit a limitation.
• A claim for damages lapses if Customer does not report the damage to Hometwin In writing within twelve months of becoming aware of it.

• Neither party is obliged to perform an obligation if force majeure prevents it. Force majeure includes failures at hosting and telecom providers, power outages, government measures and cyber attacks that Hometwin could not prevent with reasonable measures.
• If the force majeure lasts longer than sixty days, either party may terminate the Agreement In writing. What has already been delivered is settled proportionally.

• Either party may terminate the Agreement with immediate effect In writing if the other is declared bankrupt, applies for a suspension of payments or ends its business.
• Either party may terminate the Agreement if the other fails to perform a material obligation and does not remedy this within sixty days of a written notice of default. For failure to pay an undisputed invoice, the remedy period is thirty days.
• If the Agreement ends before the end of the Term for a reason attributable to Customer, or if Customer terminates early, the Commitment remains due. Hometwin then invoices the part of the Commitment not yet invoiced in one go; that amount is payable no later than the date of the end.
• If the Agreement ends due to a failure of Hometwin, the Commitment is only due insofar as it has been taken up to the end.

• After the Agreement ends, Customer's access to the portal ends. Participants keep their account and the access already granted to them.
• On request, Hometwin provides, within thirty days of the end, an overview of the Participants invited through Customer, insofar as the Participants have consented to this.
• Provisions that by their nature continue to apply after the end, such as confidentiality, liability and the settlement of the Commitment, remain in force.

• Hometwin may change these general terms and conditions. Changes are announced In writing or on the website at least thirty days before they take effect.
• A change that substantially disadvantages Customer only applies to a running Agreement from an extension onwards, unless Customer agrees to it or the change is required by law.

• A party may only transfer rights and obligations under the Agreement with the other's written consent. That consent is not withheld on unreasonable grounds.
• Without consent, a party may transfer the Agreement as a whole to a company within its group, or in a merger, acquisition or sale of (substantially) the entire business, provided it informs the other In writing and the other's rights do not worsen as a result.

• The parties are independent contractors. The Agreement does not make them partners, agents or representatives of each other, and neither party gives the impression that it does.

• The parties do not offer, give or request, directly or indirectly, advantages to anyone, including public officials, to obtain or retain business or to obtain preferential treatment. They comply with the applicable anti-bribery and anti-corruption legislation and immediately report a suspected breach to the other In writing.

• Notices under the Agreement, such as a termination or a notice of default, are given In writing to the contact details the parties have provided for this. A notice by email is valid.
• The parties report a change in their contact details to the other In writing in good time.

• The Agreement and these general terms and conditions are governed by Dutch law. The Vienna Sales Convention does not apply.
• The parties first try to resolve a dispute through consultation.
• If that fails, the dispute is submitted to the competent court in the district where Hometwin has its registered office.