Terms and Conditions
- Next Level Value is a private company that supports entrepreneurs with software products to improve their return with the purchase and sale of new and used capital goods. The focus is on digitizing the sales process of both new and used capital goods. More profit can be the result of higher sales prices, lower purchase prices, more sales, and or lower operating costs. Example products include Valuation App, Configure Price Quote, and Used Platform. They are SAAS (software as a service) products.
- In these general terms and conditions, 'User' means the natural person or legal entity or the partnership of natural and/or legal persons or the acting intermediary or representative acting on behalf of the same, who uses the Services of Next Level Value as referred to in Article 1.6.
- In these general terms and conditions, 'Customer' means the natural person or legal person, the joint venture of natural and/or legal persons, or the intermediary or representative acting on behalf of the same, who purchases software products from Next Level Value.
- In these general terms and conditions, 'Provider' means the actual supplier of capital goods that Next Level offers by means of the SAAS products that it operates.
- In these terms and conditions, 'Account' means the personal section created and managed by the User when he registers for SAAS products of Next Level Value and with which he can make use of the Services referred to in Article 1.6.
- In these general terms and conditions, 'Services' means all products and services supplied by Next Level Value and/or third parties engaged by it to Customer, as well as offering SAAS products (Valuation App, Configure Price Quote, and Used Platform) where Users make use of it.
- In these general terms and conditions, 'Website' means: https://nextlevelvalue.com
Article-2: Applicability of general conditions
- These general terms and conditions apply to all offers, quotations, agreements concluded by Next Level Value, services performed, including but not limited to the offering of SAAS products, and all other actions performed by Next Level Value, regardless of whether they are electronically remotely done or closed.
- Deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing with Next Level Value.
- If a situation arises between the parties that are not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
- If any provision of these general terms and conditions is null and void or is nullified, the other provisions of the general terms and conditions will remain in full force. Next Level Value will replace the null and void or nullified provisions with new provisions, whereby the purpose and the tenor of the void or nullified provision will be taken into account as much as possible.
Article-3: Accessibility Services
- By signing up, the user registers on login screens of the saas products of Next Level Value BV., where he can make use of the Services of these products.
- Subject to the conditions set out in these general terms and conditions, Next Level Value User grants a limited, personal, revocable, and non-transferable right to access and use the Services and the SAAS products of Next Level Value B.V.
- The User guarantees towards Next Level Value that the information he provides when creating his Account is correct, complete, and up-to-date. During the registration, the User must also enter log-in data, with which access can be gained to his Account. The user is responsible for the correctness and completeness of the information provided on his Account as well as for the adjustment and/or supplementation of the information if it is no longer correct. User acknowledges and understands that the correctness, topicality, and completeness of the information provided are of great importance for the optimal functioning of the Services.
- It is explicitly not permitted to create an Account in the name of another person. The user is liable for all use of his Account. Next Level Value assumes that the User is actually the one who logs in with his login details. As soon as the User knows or has reason to suspect that his login details have become unauthorized, the User must inform Next Level Value, without prejudice to his own obligation to immediately take effective measures himself.
- Next Level Value is not liable for damage resulting from any unauthorized access to or use of the Next Level Value Website.
Article-4: Exclusion of guarantees
- Next Level Value expressly excludes express and implied warranties, commitments, and indemnities of any kind, including but not limited to warranties, commitments, and indemnities regarding the quality, safety, integrity, and correctness of the Next Level Value SAAS products. and its Services, unless otherwise provided in these terms and conditions.
- User acknowledges and accepts that Next Level Value only offers SAAS products. Next Level Value accepts no liability for the content or other information made available by Users using the SAAS products of Next Level Value and/or Service.
- Next Level Value is entitled at all times to make changes to the Services and/or terminate the Services, without being liable in any way whatsoever for liability to the User.
Article-5: User obligations
- The User is not permitted to: a. Multiply, publish, resell, use, use for commercial purposes or otherwise make available to third parties the information obtained via the Services; b. to post information that: i. advertising messages. ii. refers to vacancies iii. viruses or other software that may cause damage to the Next Level Value Website or that are intended to circumvent technical protection measures of the Website and/or the Next Level Value computer systems. iv. data from other Users used for purposes other than those mentioned in these general terms and conditions, without the explicit prior written consent of Next Level Value. v. infringes the rights of Next Level Value and/or third parties, including but not limited to intellectual property rights or rights relating to the protection of privacy. vi. is otherwise unlawful in any way. vii. can damage the good name and/or the interests of Next Level Value.
- The User authorizes the use by other Users of information that it makes available on the SAAS products of Next Level Value. The use of this information by other Users is only permitted if this is done for the purpose of SAAS products. Next Level Value is not liable for the violation of these general terms and conditions by other Users.
- In addition to the reasons mentioned in Article 5.1, Next Level Value can remove profiles and/or other information if it is of the opinion that a certain profile and/or other information does not comply with the applicable laws and regulations and/or these general terms and conditions or when it is undesirable in any other way.
Article-6: Obligations of Next Level Value
- Next Level Value will perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- The User shall ensure that all data, of which Next Level Value indicates that these are necessary, are provided to Next Level Value in a timely manner. If the information required for the execution of the agreement is not provided to Next Level Value in time, Next Level Value has the right to suspend the execution of the agreement.
- If a period has been agreed upon by Next Level Value for the completion of certain activities, this is not a deadline, unless explicitly agreed otherwise. Exceeding the agreed term does not result in an attributable shortcoming of Next Level Value. If a term is exceeded, Next Level Value must therefore be declared in default in writing, providing a reasonable period within which Next Level Value can execute the agreement. Exceeding this new term may well provide grounds for the termination of the agreement.
Article-7: Costs and payment
- Every offer of Next Level Value is without obligation unless explicitly stated otherwise in writing.
- If the user makes bids on offered capital goods through the system, these bids are binding.
- A fee may be payable for the use of the Services. The amount of this fee is stated in the quotation and/or the order. Users will have to pay a monthly or annual fee for the use of the Services.
- The prices are exclusive of VAT unless stated otherwise. All prices mentioned can be changed with prior announcement. Price instructions do not apply to already purchased Services.
- Payment by the User must take place within 14 (fourteen) days after the invoice date unless expressly agreed otherwise.
- If the User / Client / Provider has not paid an invoice sent to him by the due date, he will automatically be in default, without further notice being required.
- In case of payment default, Next Level Value is entitled to compensation of the statutory interest on the amount owed by the User/customer/provider.
- If Next Level Value decides to collect a claim on User/customer/provider due to one or more unpaid invoices by legal means, the User / Client / Provider, in addition to the principal amount owed and the interest referred to in Article 7.6, shall also be obliged in all fairness. legal and extrajudicial costs. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then-current Decree that relates to compensation for extrajudicial collection costs.
- In case of disagreement about the correct amount of what User/customer/provider owes to Next Level Value, the administrative data of Next Level Value will be decisive unless User/customer/user provides written counterparty.
- Next Level Value does not guarantee that the SAAS products and/or the Services are accessible at all times and without interruptions or failures. Next Level Value is in no way liable or liable to the User for any damage resulting from or resulting from the (temporarily) unavailability or (premature) failure of the Website and/or the Services.
- Next Level Value can not be held liable for the inaccuracy of the information provided on the SAAS products and the damage resulting therefrom unless this inaccuracy is caused by intent or deliberate recklessness.
- Next Level Value is not liable for damage of any kind, because it is based on incorrect and/or incomplete data provided by the User (customer/provider) and/or the third party unless this incorrectness or incompleteness for Next Level Value should have been known.
- Next Level Value is liable with respect to a shortcoming if this should be attributed to it. Next Level Value is only liable for direct damage that has actually been incurred, paid, or suffered by the User (customer/provider) due to a demonstrable failure of Next Level Value obligations in relation to its Services.
- The liability as referred to in Article 8.4 is limited to the invoice value of the Services of Next Level Value (excluding VAT), as a result of which or in connection with which the liability arose, with a maximum of € 5,000 (five thousand euros) per event or related series of event.
- Any liability for indirect damage and/or consequential damage, including but not limited to loss, lost profit, missed savings, reputational damage, and missed goodwill, is excluded.
- The limitation of liability as referred to in Article 8.5 does not apply in case of intent or deliberate recklessness of Next Level Value.
Article-9: Force majeure
- If the shortcoming in Article 8 is the result of force majeure, Next Level Value will not be liable for the damage. Force majeure means all external causes, outside of a will or caused by Next Level Value so that timely, complete, or correct performance of the Services is no longer possible.
- Force majeure as referred to in the previous paragraph includes, but is not limited to: non-fulfillment of a third party, illness of staff of Next Level Value itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in the systems of Next Level Value or its suppliers, fire, floods, natural disasters, riots, war or otherwise domestic unrest.
- In the event of force majeure, the performance of the agreement will be suspended for as long as the force majeure lasts.
- If the force majeure lasts longer than one month, both parties are entitled to dissolve the agreement without the intervention of the court. In such a case, Next Level Value will proceed to the repayment of any amounts paid, with deductions for all costs that Next Level Value has incurred in relation to the agreement.
Article-10: Use of third parties
- Next Level Value reserves the possibility to execute the Services by or with the help of a third party. The applicability of art. 7: 404, 7: 407 paragraph 2, and 7: 409 are explicitly excluded. When switching on third parties, Next Level Value will exercise due care.
Article-11: Intellectual property
- User (customer/provider) accepts that the SAAS products, the structure, the content, the concept, and the software programs belong to the intellectual property right of Next Level Value or third parties.
- The User (customer/provider) is not allowed to reproduce, convert, modify, dismantle, transfer to the source code (reverse engineering), distribute, rent, loan, or transfer any part of the SAAS products. to make public via any open means of communication, unless he has received written permission from Next Level Value or the relevant rightholder or unless this is legally permitted.
- The User (customer/provider) is not permitted to remove signs that refer to the intellectual, industrial, and other property rights of Next Level Value or third parties that may be placed on the SAAS products or on the website of the Services that are sold via the SAAS products. to be offered. Users (customer/provider) may not circumvent or manipulate the technical measures that have been placed by Next Level Value or third parties in the various software programs for the protection of their intellectual property rights.
Article-12: Other provisions
- User (customer/provider) can terminate and delete his Account at any time.
- In addition to the other (legal) resources that Next Level Value can use, Next Level Value is entitled at any time, without obligation to state reasons and without being liable to pay damages to User, to:
- Next Level Value can be reached by e-mail via firstname.lastname@example.org and by telephone at +31(0)6-51068578.
- to temporarily and permanently discontinue and/or remove the User's Account (customer/provider)
- delete information
- Next Level Value is registered in the Chamber of Commerce under number 69304122. Next Level Value carries the following VAT identification number: NL857824764B01. Next Level Value is located at Tournament 51 (2924 VE) in Krimpen aan den IJssel.
- Next Level Value can be reached by e-mail via email@example.com and by telephone at +31(0)6-51068578.