1. Who we are and definitions
TheStorageControl is a trade name of Data Analytics B.V., located at Rivium Quadrant 75, 2909 LC Capelle aan den IJssel, the Netherlands ("we"). "Customer" is the business that enters into an agreement with us. "Platform" is the online software TheStorageControl, including the booking environment, the customer portal, the API and the related documentation. "Customer data" is all data that the customer or its tenants enter into or have processed by the platform.
2. Applicability
These terms apply to all our quotes, agreements and services. Deviations only apply if agreed in writing. In case of conflict, the agreement or quote prevails over these terms. The customer's own terms and conditions do not apply.
Our services are intended for businesses. When entering into the agreement, the customer acts in the course of a profession or business.
3. Quote and formation
A quote is non-binding and valid for the period stated in it. The agreement is formed when the customer accepts the quote in writing or digitally, or when we start performing at the customer's request.
4. The platform and implementation
We make the platform available as an online service for the number of facilities and modules in the quote. We carry out the implementation, such as configuration, data migration and floor plan import, as described in the quote.
We make reasonable efforts to keep the platform available and secure, and we develop it continuously. We may improve or change features, provided the core of the agreed service does not materially deteriorate. We schedule planned maintenance outside office hours where possible and announce it in advance. Availability and support commitments only apply if they are set out in the agreement.
Integrations with third-party services, such as payment providers and access control systems, work within the capabilities those third parties offer. The integrations page shows for each integration whether it is live, on the roadmap or built on request. Third-party services are subject to their own terms.
5. Customer obligations
- The customer keeps login details confidential, gives staff only the permissions they need and reports misuse immediately.
- The customer is responsible for the accuracy of customer data and for the content of its rental contracts, prices and communication with tenants.
- The customer does not use the platform unlawfully, to disrupt its operation or to gain unauthorised access to other people's data.
- The customer provides suitable equipment, an internet connection and, where needed, an access control system and payment provider.
6. Prices and payment
Prices are set out in the quote and exclude VAT. Implementation is invoiced as stated in the quote; the licence per active facility and any add-ons are invoiced periodically in advance. Unless agreed otherwise, payment is due within 14 days of the invoice date.
We may adjust prices once per calendar year, for example based on the Statistics Netherlands (CBS) price index for services. We announce any adjustment at least two months in advance. If the increase exceeds that index, the customer may terminate the agreement as of the effective date of the increase.
If the customer does not pay on time, we first send a reminder. If payment is still not made, we may charge the statutory commercial interest and, after written notice, suspend access to the platform until payment is received. Customer data is retained during that period.
7. Term and termination
The term and notice period are set out in the quote. Without such an arrangement, the agreement runs for an indefinite period and either party may terminate it in writing as of the end of a calendar month, with three months' notice.
Either party may terminate the agreement with immediate effect if the other party fails to perform a material obligation after a written notice of default with a reasonable cure period, or if the other party is declared bankrupt or granted a suspension of payments.
8. Customer data, export and no lock-in
Customer data remains the property of the customer. We only use customer data to provide and improve the service, and for no other purpose.
The customer can export the full dataset at any time during the agreement. After the agreement ends, we keep the customer data available for export for 30 more days; after that we delete it, unless a legal obligation requires us to retain it longer. We offer help with migrating to another system at our then-current rate.
9. Privacy and data processing agreement
For the personal data of the customer's tenants and staff, the customer is the controller and we are the processor. We conclude a data processing agreement for this, which forms part of the agreement. It covers, among other things, security measures, the use of sub-processors and the arrangements in the event of a data breach.
10. Intellectual property
All rights to the platform, the software, the documentation and this website remain with us or our licensors. For the duration of the agreement, the customer receives a non-exclusive, non-transferable right to use the platform for its own business operations. Features we develop together with customers, for example through the marketplace, may also be offered to other customers, unless agreed otherwise in writing.
11. Liability
Our liability is limited to direct damage and to the amount the customer paid for the service concerned in the twelve months before the event that caused the damage. We are not liable for indirect damage, such as consequential loss, lost profit, missed savings or business interruption.
These limitations do not apply in case of intent or deliberate recklessness of our management. The customer must report damage in writing as soon as possible, and no later than twelve months after it occurs.
We are not liable for failures caused by force majeure, including outages of third-party services beyond our control, such as internet and hosting providers, payment providers and access control systems.
12. Confidentiality
Both parties keep the other party's confidential information secret and only use it to perform the agreement. This obligation continues after the agreement ends.
13. Use of this website
The information on this website has been compiled with care, but is general in nature and may be incomplete or out of date. No rights can be derived from the website, the product images with fictional sample data or the results of the calculators. The calculators give an indication and are not financial advice.
You may not reproduce texts, images or videos on this website without our permission, except for personal use or with clear attribution and a link to the original page.
14. Changes, governing law and disputes
We may change these terms. We announce changes at least one month in advance; for existing agreements they apply from the announced date. If a change is materially to the customer's disadvantage, the customer may terminate the agreement as of that date.
Dutch law governs these terms and all agreements. We first try to resolve disputes together; if we cannot, the District Court of Rotterdam has jurisdiction. In case of discrepancy between the Dutch and English text, the Dutch text prevails.
