Declaree – Terms and conditions

Last updated: 14/11/2023

Article 1. Definitions

In these General Terms and Conditions, words are used that start with a capital letter. The meaning of these words, regardless of whether the words are used in singular or plural form in these General Terms and Conditions, is defined below.

1.1. Customer: the counterparty of Declaree B.V. in the Agreement.

1.2. General Terms and Conditions: these general terms and conditions, the Agreement

1.3. Declaree: the private company with limited liability Declaree B.V., also acting under the name “Declaree” and “Mobilexpense.com”, registered with the Chamber of Commerce (in Dutch: KvK) under number 70543887, including every legal successor, counterparty of the Customer in the Agreement.

1.4. Service: the Declaree service, which can be reached at the URL https://www.mobilexpense.com

1.5. User: a user attributable to the Customer who uses the Service, usually an employee.

1.6. Agreement: the agreement between the Customer and Declaree, to which these General Terms and Conditions apply, regarding the use of a Service.

1.7. Website: the Declaree website, which can be reached under the URL https://www.mobilexpense.com

Article 2. The Agreement

2.1. The Agreement is concluded when the Customer agrees to purchase access to the Service during the ordering process on the Declaree Website, or by signing a proposal received by Declaree. The Agreement is confirmed by Declaree by means of an e-mail containing a link to the website on which the terms of use are described.

2.2. Since the Customer is a company acting in the course of a business or profession, the right of withdrawal (Article 7: 46d of the Dutch Civil Code) does not apply. If and insofar as this is applicable, the Customer hereby declares that Declaree may immediately commence the Service, including providing access to the Service, with the result that no more revocation can be made.

Article 3. Rules for use of the Service

3.1. Users may not use the Service in such a way that damage is caused to Declaree, the infrastructure of Declaree or third parties. Furthermore, Users may not use the Service in such a way that results in (a part of) the Service becoming partially or completely unavailable.

3.2. Users may not log in to the Website and / or the Service by means of someone else's login details (including other Users), by means of forged login details or by circumventing any security, regardless of whether such security is adequate.

3.3. Users may not use the Service to spread viruses and / or upload software with an unwanted effect, such as trojans, worms and / or backdoors.

3.4. Users may not use the Service to send unsolicited messages (spamming).

3.5. Users may not use the Service to upload unlawful material (material that User is prohibited from possessing by law, or material that infringes the rights of third parties).

3.6. Users must take good care of the login details provided by Declaree for the use of the Service. If the Customer suspects that a third party has obtained the login details of a User, the Customer must immediately report this to Declaree.

3.7. Furthermore, the User may not act in violation of any laws or regulations.

Article 4. Intellectual property rights

4.1. The intellectual property rights with regard to the Service(s) rest with Declaree or its licensors.

4.2. All mentioned trade names or registered brands belong to Declaree or their respective owners.

Article 5. Liability of Declaree in the event of breach of contract

5.1. Declaree is liable for direct damage as a result of an attributable shortcoming in the performance of the Agreement (non-performance), regardless of the basis of the claim, including an unlawful act, up to the amount that the Customer has paid for the use of the Service (including VAT) in the twelve (12) months prior to the event causing the damage. Declaree is not liable for indirect damages, consequential damages, loss of profit, lost savings, reduced goodwill, damage due to business interruption nor for mutilation, destruction or loss of data.

5.2. The customer acknowledges that he is familiar with the rules of the (local) TAX authorities regarding the digital storage of receipts and the applicable laws and regulations regarding conversion of paper receipts to digital. Declaree is not liable for claims from the TAX authorities, for example regarding unreadable receipts after they have been digitized. It is therefore the Customer's own responsibility to ensure the Service is used correctly by itself and its Users.

5.3. The above limitations of liability lapse as the attributable shortcoming is the result of intent or deliberate recklessness on the part of Declaree's management.

5.4. Declaree subcontractors can also invoke the above limitations of liability.

5.5. If the Customer terminates the Agreement as a result of an attributable shortcoming in the performance of the Agreement by Declaree, the amounts already paid will not be subject to a refund.

5.6. Declaree strives for maximum availability of its Service, however, it cannot guarantee that the Service is always available. Declaree is not liable for the temporary unavailability of the Service.

Article 6. Processing personal data, data and confidentiality

6.1. Parties will enter into a data processing agreement (=”DPA”) which is subject to these General Terms and Conditions. Unless Parties enter into a specific DPA, the DPA as found on the Website shall govern any data processing activities. Declaree will process personal data in accordance with the General Data Protection Regulation (EU2016/679), any other applicable law, the DPA and Declaree’s privacy policy, which can be found on the Website.

6.2. Both parties will observe strict confidentiality with regard to information about each other's organization, operation of the Service, Data built up with the service, etc. Unless the other party has given prior written permission, a party will not disclose information that is available to third parties. and only make it known to its personnel insofar as this is necessary for the performance of the agreed performance. The parties will oblige their personnel to comply with these confidentiality provisions.

Article 7. Payment

7.1. The Customer can pay for the Service with one of the payment methods as offered by Declaree on the Website. If the payment is cancelled or reversed, Declaree will send the Customer a reminder. In this reminder, the Customer is offered a term to pay the outstanding invoice. If payment is not made, Declaree will proceed to collect the claim. From that moment on, the amount due will be increased by extrajudicial collection costs in accordance with the “Decree on compensation for extrajudicial collection costs” (in Dutch: “Besluit vergoeding voor buitengerechtelijke incassokosten”), the minimum of which is set at € 40 (forty Euro). In addition, the Customer will owe statutory commercial interest from that moment on.

7.2. In the event of permanent non-payment(s), Declaree is entitled to suspend access to the Service, without being obliged to indemnify the Customer.

7.3. The customer agrees that invoices may be issued digitally (by means of an email with an invoice in PDF format) by Declaree.

7.4. If the agreement has been concluded by means of an individual proposal, unless expressly stated otherwise, the license and implementation fee will be invoiced upon the date of signature. The license period shall be stated on the invoice. Declaree reserves the right to close any ongoing implementation projects due to client inactivity, regardless of its status. Restarting the implementation will be subject to the regular implementation fee. The project closure is subject to judgement of Implementation Consultant.

Article 8. Term, termination and extension

8.1. The Agreement will be renewed for subsequent one (1) year license periods unless cancelled by Customer prior to the end date of the then current license period. Termination is effected by clicking on 'cancel' in the Declaree administration of the Customer.

8.2 If the agreement has been concluded by means of an individual proposal, the agreement will be renewed for subsequent one (1) year license periods unless cancelled in writing no later than two (2) months before the end date, with acknowledgment of receipt.

8.3. All rights Customer has acquired under the Agreement with regard to the use of the Service will lapse upon termination of the Agreement.

8.4. Unless otherwise specified, obligations which by their nature are intended to continue after termination of the Agreement will continue to exist after termination thereof. The termination of the Agreement explicitly does not release the parties from the provisions with regard to confidentiality, liability, intellectual property rights, applicable law and choice of forum.

8.5. If the Agreement ends, regardless of the manner in which, Declaree will give the Customer the opportunity to secure the data that has been built up through the use of the Service. As soon as the Customer has indicated that it has secured the aforementioned data, or if the Customer has indicated that it does not want to secure the aforementioned data, Declaree will delete the aforementioned data.

8.6. The agreed prices and rates shall be increased annually, on the anniversary of the contract date in accordance with the last known CBS index (Q4 / Q4 of the previous year). If this index is no longer published, another index will be proposed which comes closest to the aforementioned index and is valid.

Article 9. Other provisions

9.1. Declaree is allowed to transfer its rights and obligations to a third party. In particular when it concerns a transfer in the context of a change of legal form, sale or merger of its company.

9.2. Dutch law is applicable to the Agreement.

9.3. Disputes must be resolved between the Customer and Declaree as much as possible. If that is not possible, the court in Rotterdam has exclusive jurisdiction to hear and judge the dispute. Unless the claim, due to the nature or the amount and / or value of the claim, falls within the competence of the subdistrict court (in Dutch: “kantonrechter”). In the latter case, the subdistrict court (in Dutch: “kantonrechter”) designated by law is authorized to hear and judge the dispute.

9.4. Declaree is entitled to change these conditions from time to time. Customer shall have the right to object to these changes in writing, in which case the version of these conditions at time of conclusion of the agreement shall continue to apply. In this case, both Parties shall have the right to terminate the agreement which shall have effect as of the end of the then current license period.

Frequently asked questions

Can our company use Mobilexpense for free?

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Does Mobilexpense integrate with my existing workflow?

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Are there additional fees?

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How are we charged for Mobilexpense?

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What is a virtual card?

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Is my data secure?

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