General terms and conditions

1. Applicability of terms

1.1. These Terms apply to any offer and agreement that we conclude with you and to any use of postcode-api.nl.

1.2. We reserve the right to modify the Terms at any time. You agree that the latest version of these general terms and conditions shall always apply.

1.3. Agreements that deviate from these Terms only apply if they have been agreed in writing (including by e-mail) by us.

2. postcode-api.nl

2.1. postcode-api.nl offers you a service through which you can perform address validations and postcode lookups by means of an API.

2.2. We offer postcode-api.nl to business users and consumers. Consumer means: someone who does not act in the exercise of a profession or business.

3. Subscriptions and termination

3.1. Before using postcode-api.nl, you enter into an agreement (Subscription) with us. More information about our Subscriptions can be found on our Website.

3.2. The term of the Subscription (Subscription Period) is agreed upon during the registration process. The Subscription becomes effective as of the date agreed upon during the registration process (Start Date).

3.3. If you have chosen a Subscription Period of 1 year, your Subscription will be automatically renewed for each 12-month period. If you have chosen a Subscription Period of 1 month or if you are a Consumer, your Subscription will be automatically renewed for each 1-month period.

3.4. You can cancel your Subscription before the end of the Subscription Period. Cancellation is possible via the control panel and can be found under: Account.

3.5. If you are a Consumer, you have the right to cancel your Subscription within 14 days after the Start Date. We will refund the payment to your payment method if you have already made a payment for your Subscription.

4. Price

4.1. All prices communicated by us include any fees and VAT.

4.2. We may adjust our prices and rates from time to time. The price change will take effect 90 days after announcement.

4.3. If you do not agree with the price change, you can cancel your Subscription within 90 days. The Subscription will then end on the date the price change takes effect.

5. Payment and collection costs

5.1. You must provide us with a valid payment method for the use of our postcode-api.nl. We will debit the amount for the use of postcode-api.nl monthly on approximately the day your Subscription became active via your payment method.

5.2. If you do not meet your payment obligation on time, you are automatically in default. In that case, you owe statutory commercial interest on the outstanding amount. If you are a Consumer, you owe statutory interest. Interest on the amount due is calculated from the moment you are in default until the moment you pay the full amount due.

6. Use of postcode-api.nl

6.1. If you want to use our postcode-api.nl, you must create an account on our Website.

6.2. You are responsible for choosing the correct identification means, such as your e-mail address, and for choosing a strong password.

6.3. You may only create a personal account for yourself. You may not give others access to (a backup of) postcode-api.nl.

6.4. You must keep your account details and password strictly confidential. You are liable for all actions taken after logging in with your account details. You are not liable for these actions if you have informed us that someone else knows the password of a personal account.

6.5. You can delete your account in your account settings. If you terminate your account, this does not in any way mean termination or suspension of your payment obligations to us.

6.6. To use postcode-api.nl, you need a good internet connection. You are responsible for the technical operation and maintenance of your internet connection, internal network, and all other IT systems.

7. Availability and maintenance of postcode-api.nl

7.1. We will ensure that you can use postcode-api.nl during the time that you have a Subscription with us. We will strive to make postcode-api.nl available 24 hours a day, 7 days a week. We are responsible for the operation and maintenance of postcode-api.nl.

7.2. During maintenance, postcode-api.nl may not be available. Maintenance will in principle never take place during business hours (09:00 - 17:00).

7.3. We reserve the right to modify postcode-api.nl and to modify, remove, or add certain features or functionalities of postcode-api.nl.

7.4. We do not guarantee that the operation of postcode-api.nl is error-free. Please inform us immediately if postcode-api.nl experiences a malfunction, such as an error message or the failure of a postcode-api.nl functionality. You can do this by contacting us by e-mail at info@postcode-api.nl. We will then do our best to resolve the malfunction as quickly as possible.

8. Exclusion

8.1. We reserve the right to terminate the Subscription and exclude you from using postcode-api.nl if we have good reason to do so. In that case, we are not obliged to refund any amounts collected or any compensation.

8.2. There is good reason to do so in particular if:

a) you act in violation of applicable laws and regulations or these Terms;

b) you do not meet your payment obligations under the Subscription;

c) you use postcode-api.nl for a purpose for which it is clearly not intended.

9. Third parties

We may have work performed (in part) by third parties if we deem this necessary for the proper execution of the Subscription. Articles 7:404 BW (execution by a specific person), Article 7:407 paragraph 2 (joint liability), and 7:409 BW (death of a specific person) do not apply.

10. Force majeure

10.1. We are not liable if we cannot fulfill the Subscription with you due to force majeure. This includes, for example, non-attributable failure by third parties of which postcode-api.nl makes use, hacks, and internet outages. This also applies if you cannot fulfill the Subscription due to force majeure.

10.2. If the force majeure lasts longer than 3 months, you can cancel your Subscription in writing. In that case, there is no right to compensation. We will send you an invoice for the (unpaid) period in which you used postcode-api.nl.

11. Intellectual property rights

11.1. We (or our licensors or suppliers) are the exclusive owner of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code, and know-how, that rest on or result from postcode-api.nl and the Website.

11.2. You only receive the right to use postcode-api.nl. You cannot claim the intellectual property rights mentioned in paragraph 1. The right to use postcode-api.nl is not exclusive and it is not permitted to transfer or license the right to use postcode-api.nl.

12. Confidentiality and privacy

12.1. We are obliged to keep all your Confidential Information confidential. Confidential Information means all information that you have indicated is confidential or that follows from the nature of the information.

12.2. The following is in any case Confidential Information:

a) information related to research and development, trade secrets, or business information;

b) personal data as referred to in the General Data Protection Regulation (GDPR).

12.3. We protect your personal data in accordance with the GDPR. See our Privacy Policy on the Website for more information.

13. Liability and indemnification

13.1. We are not liable for any damage or other adverse consequences resulting from the use or unavailability of (information on) our Website and/or postcode-api.nl. All actions you take based on our Website and/or postcode-api.nl or the information provided by us are at your own expense and risk.

13.2. We are not liable for damage resulting from improper or unlawful use of postcode-api.nl by you or third parties.

13.3. We are not liable in case of force majeure, as set out in the article titled "Force Majeure".

13.4. We are only liable for your direct damage, which is directly and solely the result of a breach by us.

13.5. If we are nevertheless liable, our liability is always limited to a maximum of your annual Subscription price.

13.6. We will ensure careful storage of your data. We are not liable for damage to or loss of data stored with us or with third parties.

13.7. The limitations of liability contained in this article do not apply if the damage is caused by intent or gross negligence on our part.

13.8. You will indemnify and keep us indemnified against all claims by third parties, such as but not limited to fines, costs, damages, etc., relating to any use of postcode-api.nl by you.

14. Final provisions

14.1. If any part of these Terms is void or voidable, this does not affect the validity of the rest of these Terms. The void or voidable part is replaced by a provision that follows the content of the void provision as closely as possible.

14.2. It is not permitted to assign or transfer rights and obligations under postcode-api.nl or these Terms without prior written consent from us.

15. Applicable law

Dutch law.