Applicability General Terms and Conditions and formation of the Agreement
1.1. The Agreement is entered into through the website of Rentomato. During that process User agreed with these General Terms and Conditions.
1.2. The Agreement enters into force when all formalities are processed:
(i) Client delivered a copy of an official identification of the ultimate beneficial owner of Client,
(ii) a test payment to the bank account of Client was completed and
(iii) the test payment shows that bank account name matches the name of Client.
Rendering the Service
2.1. The Service is rendered as SaaS (Software as a Service). User is therefore not granted any license, but is granted a right to use the Functionality. User pays a commission fee per transaction as set out in article 6.
2.2. Hosting is included in the Service. Therefore, User does not have to select and contract a vendor for hosting.
2.3. User is not allowed to use the Service in a way that it can damage the Service, it can damage third parties. Nor in a way can it cause interruptions in the availability of the Service.
2.4. Rentomato offers its Service on the basis of “fair use,” that means that it will not impose User any limitations regarding system and network load. However, Rentomato is entitled to take measures in case of excessive load caused by User. Excessive load in this case, is load that is significantly higher than the load of an average User of Rentomato. In case of excessive system/network load, both parties will consult each other regarding possible solutions/changes and the involved costs.
2.5. User will make sure that its employees will administer their login credentials regarding the Service with care.
2.6. User will use Rentomato designated software, including but not limited to internet browsers.
2.7. User indemnifies Rentomato for claims from third parties regarding the breach of paragraphs 2.3 and 2.6.
2.8. Since the Service is a web based solution, User is responsible for: acquiring the necessary facilities, inter alia, installing and configuring appropriate telecommunication services, software (designated internet browsers), hardware and infrastructure in order to make use of the Service. Therefore, Rentomato is not responsible for the unavailability of the Service due to internal failures in the infrastructure of User or other aforementioned facilities. Rentomato is not responsible for the costs incurred by User regarding the use of the aforementioned facilities, inter alia, the costs of use and data.
2.9. Rentomato strives to an availability of 99% of the time in a calendar year for the Service.
3.1. Support will be rendered on the basis of “best effort”.
3.2. Rentomato will strive to start with activities regarding a support call issued by User, inter alia questions of Users and solving Defects, as soon as possible.
3.3. A Defect will only be processed in case the Defect can be proved by User and in case the Defect can be reproduced by User and Rentomato.
3.4. In case Rentomato presumes that solving a Defect will take such period of time that it can affect the availability of the Functionality, Rentomato shall provide a temporary sufficient solution.
3.5. Defects caused by:
a. improper use by User’s employees;
b. using software other than the designated software;
are never covered by the Agreement. Only in case of a written confirmation of User, Rentomato is willing to remedy the Defects on the basis of time and materials.
3.6. Since the Service is a web based solution, User is responsible for: acquiring the necessary facilities, inter alia, installing and configuring appropriate telecommunication services, software (designated internet browsers), hardware and infrastructure in order to make use of the Service. Therefore, Rentomato is not responsible for the unavailability of the Service due to internal failures in the infrastructure of User or other aforementioned facilities. Rentomato is not responsible for the costs incurred by User regarding the use of the aforementioned facilities, inter alia, the costs of use and data.
3.7. Rentomato strives to an availability of 99% of the time in a calendar year for the Service.
Intellectual property rights
4.1. Rentomato guarantees that it owns all the necessary intellectual property rights/licenses regarding: the Service, inter alia, rights /licenses regarding the underlying software.
4.2. All intellectual property rights regarding by Rentomato to User provided: material, inter alia, documentation regarding trainings, manuals and presentations, reports, roadmaps, remain vested in Rentomato or its licensors/suppliers. User is solely granted a license to use this material. This license does not include more than the right to use the material for internal (training) purposes.
Collecting rental fees on behalf of Landlords
5.1. Landlord authorizes Rentomato exclusively to collect rental fees of the renters which are entered into by Landlord, for the duration of the Agreement. This authorization ends, in case the Agreement ends.
5.2. Rentomato wires Landlord the rental fees to the bank account of Landlord once a calendar month, or as often as otherwise agreed upon.
5.3. Landlord is responsible to make sure that the bank account numbers of its renters are properly entered into the website of the Service. Landlord indemnifies Rentomato for all damages and costs involved in reversing payments in case rental fees were taken out of wrong bank accounts.
Collecting rental fees from Renters
6.1. Renters who make use direct debit to fulfill their rent payments authorize Rentomato to monthly debit the rent from their bank account.
6.2. All other Renters authorize Rentomato to collect the rent on behalf of their landlord in the agreed upon manner.
6.3. Rentomato collects rent from Renters once a calender month, or as often as otherwise agreed upon.
7.1. For the Service Rentomato renders, it is entitled to a commission, based on a written agreement between Landlord and Rentomato. This commission is a small fee of 5€ per tenant monthly.
7.2. Rentomato is yearly entitled, per January 1st, to increase the agreed upon commission in accordance with the Service Price Index (“Dienstenprijsindex (DPI)”) as published by the “Centraal Bureau voor Statistiek” (CBS).
8.2. If there is a fine stipulated in the rental contract, for example, for paying rent late or for damage to the rented property, we offer the service to Landlords to collect this fine from Renters on Landlord’s behalf.
8.3. The abovementioned fines are stipulated in your rental contract. Rentomato provides a tool for rental payments and is not a party in rental contracts between tenants and landlords. Therefore Rentomato accepts no liability in case any fines are deemed unreasonable in a court of law.
8.4. We furthermore want to bring to Renters’ attention that their Landlord may be able to evict them if he has a court order to do so. A landlord can usually get a court order for eviction if the Renter has not paid rent for more than 3 month or if the Renter breaches the rental contract multiple times.
9.1. The Agreement is entered into for one (1) year. The Agreement is renewed tacitly for an indefinite period of time after the initial duration, unless the Agreement is terminated by one of the parties taking in to account a notice period of one (1) month.
9.2. Without prejudice to what is agreed upon, Rentomato is entitled to terminate the agreement, partially or completely and with immediate effect, in writing without any prior notice: (i) in case User commits an imputable failure regarding one or more of its obligations and/or compliance is impossible; (ii) in case User has applied for a suspension of payments, has been granted this suspension of payments or has filed for bankruptcy, has been declared bankrupt, is about to liquidate its company, ceases its operations or appears to be insolvent.
9.3. All rights granted to User under the Agreement regarding the use of the Functionality expire in case of termination of the Agreement, regardless in which way the Agreement was terminated.
9.4. Obligations, which by their nature, are intended to survive the termination and will remain in force after termination. The termination of the Agreement will not explicitly exempt parties from inter alia confidentiality, intellectual property rights, applicable law and dispute resolution. This also applies in case the termination was due to an attributable shortcoming on the part of Rentomato.
9.5. Parties will consult each other in case of termination of the Service regarding the transfer of data, service/other measures necessary for a continuation of the use of the data of User/Service(s). All aforementioned activities are the applied prices and rates on the basis of time and materials.
Delivery time of service
10.1. The delivery time for the service provided by Rentomato is one month, or the otherwise agreed upon term in the service agreement for rental payments.Article 11
Limitation of liability towards Landlord
11.1. The total liability of Rentomato due to an attributable shortcoming in the fulfillment of the Agreement, or due to any other reason (i.e. inter alia, tort), is limited to a compensation for direct damages and limited to € 1.000 per damage causing event, where a series of consecutive damage causing events is deemed as one event.
11.2. The liability of Rentomato for: indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, damages due to business interruption, damages resulting from claims of customers of User, damages related to the use by User to Rentomato designated procedures, third party materials or third party software and damages related to the use of suppliers designated by Users to Rentomato is excluded.
11.3. Unless compliance by Rentomato is permanently impossible, the liability of Rentomato for an attributable shortcoming in the fulfillment of the Agreement will only be valid if User immediately notifies Rentomato of the default situation, giving Rentomato a reasonable period of time to remedy the situation and Rentomato remains in default after the aforementioned period of time. The notice must give a detailed and complete description of the shortcomings, so that Rentomato will have the opportunity to respond adequately.
11.4. Any claim for damages against Rentomato lapses three (3) months after the date of the damage causing event, or so much sooner by virtue of law. This paragraph does not apply in case User is not a Professional.
11.5.The stipulations as set out in this article and all other limitations and exclusions of liability specified in these general terms and conditions, also apply for the benefit of all persons/legal entities used by Rentomato during the execution of the agreement.
11.6. The limitations of liability as set out in this article are void in case of willful misconduct or conscious recklessness of the top level management of Rentomato.
11.7. Paragraph 9.1 does not apply in case User is not a Professional. If User is not a Professional total liability of Rentomato due to an attributable shortcoming in the fulfillment of the Agreement, or due to any other reason (i.e. inter alia, tort), is limited to a compensation for direct damages.
Rentomato’s responsibility towards Renter
12.1. Rentomato is responsible for the service provided to renter. Rentomato shall also ensure that the rented property will be made available to renter in the state as agreed upon in the rental contract.
12.2. Renter agrees that by using the services provided to him/her by rentomato, renter commits to pay the agreed upon rent price on the date that rent payment is due.
12.3. In the event that renter fails to pay rent for 2 consecutive months, or for a total of 2 months, Rentomato reserves the right to terminate the agreement and/or take further actions, together with landlord and in collaboration with our partner incassobureau, to claim the amount due.
12.4. Rentomato furthermore reserves the right to terminate the agreement with renter in case renter fails to comply to his/her other statutory responsibilities as a good tenant according to Book 7 of the Dutch Civil Code.
13.1. Rentomato is not obliged to perform any obligation under the Agreement if prevented from doing so due to: a circumstance for which Rentomato cannot be attributed, nor under the law, legally act or due to generally prevailing opinions. In case Rentomato invokes force majeure against User, Rentomato shall notify User in writing as soon as possible; however, it must be done within a reasonable period of time.
13.2. Under a non-attributable shortcoming (force majeure) for Rentomato is understood, inter alia, as not being able to properly fulfill its obligations due to: the lack of personnel, (long duration of) illness of personnel, strikes, traffic congestions, loss of data and documents, power failures, failures (including failures of the contracted payment service provider(s)), late deliveries of goods and services, regardless of the fact that these events take place at Rentomato and/or its suppliers, unsuitability of materials, software/equipment provided and designated by User to be used by Rentomato.
13.3. In case of a force majeure situation that lasts longer than thity (30) days, and User has sent Rentomato a notice of default, User has the right to terminate the Agreement extra-juridical and with immediate effect by means of a registered letter. User is not entitled to any damages.
14.1. Information/documentation is considered confidential if it is designated by one party as such, or if the other party has knowledge of the fact, or should have known, that information/documentation is confidential.
14.2. The parties, and the staff of the parties, shall make use of confidential information which has been received or made available only in accordance with the stipulations in the agreement. They shall not make this material available to third parties directly nor indirectly, nor approve the use without prior approval of the other party. Parties, and the staff of the parties, shall take all necessary precautions in order to protect the information from unauthorized use and disclosure.
14.3. The provisions in this article shall not apply if one party has to disclose confidential information pursuant to a court order or government decree.
14.4. User is obliged to take measures to prevent unauthorized persons from gaining (possible) access to the delivered services and data. User is liable for damages suffered by Rentomato in case third-parties make illegal or unauthorized use of delivered goods, software and/or services.
14.5. User acknowledges that the Functionality of: the underlying software, the screen lay outs, the interfaces, graphical elements and icons are subject to intellectual property rights as mentioned in Article 6. The stipulations regarding non-disclosure, as set out in this article, also apply to: inter alia the screen prints / captures, algorithms and business rules of the Service.
Processing personal data
15.1. The following paragraphs of this article are deemed as a basic processing agreement in accordance with the Dutch Personal Data Protection Act and are applicable if personal data, as described in the aforementioned law, are being processed. Upon first request of User, Rentomato is willing to cooperate in order to make further arrangements regarding processing (and securing) personal data.
15.2. Rentomato should be deemed as processor under the Data Protection Act and User as the controller, providing that User is not a Renter. In case User is a Renter than User is deemed as the subject.
15.3. Rentomato shall process personal data in favor of User within the agreed upon scope. Rentomato is not allowed to use the personal data obtained from User for its own benefit, other than agreed upon, process or disclose this personal data to third parties.
15.4. Rentomato will never be able to guarantee that the safeguarding of information is effective under all circumstances. In case an explicitly described level of protection is not agreed upon the security shall meet a level which, given the standard of the current technology and sensitivity of the data and involved costs, is not unreasonable.
15.5. Rentomato notifies User immediately In case Rentomato suspects or knows that the security of the personal data of User is compromised.
15.6. Upon the first request by User, Rentomato will cooperate with an independent audit in order for User to be able to get an accurate perception of the measures taken by Rentomato as described in the preceding paragraph. Any involved costs with this will be borne by User.
15.7. Adequate protection of the workstations and devices of User and Users’ employees, as well as taking appropriate technical and organizational measures is always the responsibility of User; therefore, Rentomato is neither responsible nor liable.
Transfer of rights and obligations
16.1. User is not entitled to transfer rights and obligations to a third party, without prior written permission of Rentomato. The aforementioned permission cannot be withheld unreasonably by Rentomato.
16.2. Rentomato is entitled to transfer all rights and obligations ensuing from the agreement, without any limitations, to third parties. User shall be notified thereof as soon as possible. This paragraph does not apply in case User is a not a Professional.
16.3. Rentomato is entitled to make use of third parties to execute the Agreement, whether by the subcontracting or hiring of personnel.
17.1. The Agreement is governed by the Laws of the Netherlands.
17.2. Disputes arising out of the Agreement will be solely submitted to the court in Rotterdam. This paragraph does not apply in case User is not a Professional.
17.3. In these terms and conditions the expression “in writing” also includes electronic messages such as e-mail. When “registered letter” is stated, it means a registered letter sent by mail.
17.4. To the extent that any provision of the general conditions is declared void/annulled, all other conditions between parties remain in force. In such a case, parties will agree to a new set of provisions, which will correspond as much as possible to the void or annulled conditions.
17.5. Delivery terms given by Rentomato at any given moment are approximate deadlines and can not to be considered as binding terms. The lapse of the delivery term will not result in an attributable shortcoming. In that case User is not entitled to any compensation or damages.
18.1. Agreement: the agreement regarding the delivery of the Service, entered into through the website of Rentomato.
18.2. User: party in the Agreement, usually a (professional) landlord or a renter, that makes use of the services provided by Rentomato.
18.3. Landlord: The User that rents out his properties to Renters.
18.4. Renter: The User that rents properties from Landlord.
18.5. Defect: the Functionality is partially or completely not meeting the agreed upon specifications.
18.6. Functionality: the functions and possibilities of the software at the basis of the Service.
18.7. General Terms and Conditions: these general terms and conditions.
18.8. Professional: a User that acts in the course of a profession or a business.
18.9. Rentomato: the limited liability company “Rentomato B.V.,” or every affiliated company which uses these General Terms and Conditions, also the other party in the Agreement.
18.10. Support: providing User with information and advice regarding the use of the Functionality by Rentomato through e-mail and/or a website and/or a helpdesk during Working Hours, as well as supporting User with finding the causes of Defects during Working Hours, as well as solving the Defects during Working Hours.
18.11. Service: the functionality of software which is delivered through the internet to User (Software as a Service, SaaS for short), the services enables User to administer its renters and collect rental fees through several payment methods.
18.12. Transaction: the payment of a rental fee of a renter of User. Working Hours: from 9.00 to 18.00 (Dutch time) on Working Days.
18.13. Rentomato strives to an availability of 99% of the time in a calendar year for the Service.