Terms of Service — Gig-a-tronic (Softron B.V.)

Softron

Softron B.V., KvK 42001589, Peperstraat 2, 1011 TL Amsterdam, the Netherlands.

Service

the Gig-a-tronic SaaS (planning, approval, portals, invoicing and related features), including updates.

Customer

the legal entity that subscribes to the Service.

Order

order form, quote or other written (including electronic) agreement fixing package, term, price and any trial.

User

a natural person with access on behalf of Customer.

Customer Data

data Customer or Users place in the Service.

These Terms apply to B2B use. Marketing pages do not form a contract and do not create a default trial right.

If documents conflict, this order applies (highest first): (1) Order, (2) data processing agreement (DPA) insofar as it covers personal data, (3) these Terms, (4) documentation / marketing.

The agreement is formed by signing an Order, electronic acceptance, or Customer activating an account / using the Service after Softron’s offer. Anyone who accepts warrants authority to bind Customer.

Softron provides the Service as described in the Order and product documentation. Features may evolve. During a prepaid term Softron will not materially reduce core paid-package functionality without reasonable notice, except for mandatory law, security, or supplier changes outside reasonable control.

No uptime, turnaround, or “compliance” warranty in these Terms unless expressly stated in an Order or a separate SLA document.

Any trial (whether offered, duration, scope) only as stated in the Order. Marketing may show illustrative packages without creating a trial right. Trials may be limited, provided “as is”, and suspended for abuse. Continued use afterwards requires a paid subscription or other Order.

Customer must provide accurate details, keep credentials confidential, and ensure Users comply. Prohibited among other things: reverse engineering (except to the extent mandatory law allows), disrupting security, misusing other tenants’ data, unlawful or harmful content, or use outside the agreed purpose (staffing / secondment / project-ops planning and self-billing processes as supported).

Softron may suspend access on reasonable suspicion of abuse, security risk, or non-payment, after prior notice where practicable.

Customer retains all rights in Customer Data. Customer grants Softron a limited, non-exclusive licence to host, process and display Customer Data solely to provide and secure the Service.

Customer is responsible for the lawfulness of Customer Data and for correct roles/permissions. Where Softron acts as processor, the data processing agreement (DPA) applies on request or as a schedule to the Order, and forms part of the agreement.

See also the privacy notice for the marketing site.

All IP in the Service, software, documentation and Softron marks remains with Softron or its licensors. Customer receives a limited, non-transferable right to use the Service for the term of the agreement, within the purchased package. No source-code transfer. Softron may use feedback without obligation or attribution.

Prices as per Order; website prices may be illustrative until confirmed in the Order. Amounts exclude VAT and other taxes unless stated otherwise.

Payment within the period on the invoice or Order (if silent: 30 days from invoice date). On late payment Softron may charge statutory commercial interest and reasonable collection costs, to the extent permitted by law.

Softron may suspend access after notice if amounts remain unpaid.

Each party will protect the other’s confidential information with reasonable care and use it only to perform under the agreement, except information that is public, independently developed, or required to be disclosed by law. Duration: term + 3 years after end, or longer for trade secrets while secret.

Softron will provide the Service with reasonable skill and care. To the extent permitted by law: no other warranties, including implied warranties of merchantability or fitness for a particular purpose. The Service is not legal, tax, or WTTA / employment-law advice.

To the extent permitted by law, neither party is liable for indirect or consequential loss, lost profits, or loss of data (except to the extent Softron is legally required to restore/back up under the DPA/Order).

Softron’s aggregate liability per contract year is limited to the fees Customer paid for the Service in the twelve (12) months before the claim.

This cap does not apply to: Softron’s intent or wilful recklessness; liability that cannot be limited by law; or fraud.

Softron may change these Terms. Material changes will be announced with reasonable prior notice (e.g. email or in-product). Continued use after the effective date is acceptance, unless Customer terminates as of that date as allowed in the Order.

No breach to the extent caused by circumstances beyond reasonable control (including outages at cloud providers, networks, war, epidemic, government measures), provided reasonable efforts to mitigate.

Laws of the Netherlands. Courts of Softron’s registered seat, without prejudice to mandatory law. Parties will first try to resolve disputes in good faith.

Softron B.V., KvK 42001589, Peperstraat 2, 1011 TL Amsterdam, the Netherlands — via the contact page on the Gigatron site. Privacy: privacy@gigatron.nl.