General Terms of Use KYP
These terms of use, together with the general terms and conditions (Nederland ICT Terms and Conditions) and the privacy and security policies of all companies that fall under KYP Holding, apply to the agreement between one of these companies and the user of KYP software. The terms of use, general terms and conditions and privacy and security policy define the terms for accessing the URL of the respective software such as KYPPROJECT.com, KYPFLOW.com and KYPPLAN.com, and the use of the KYP software and the services offered by operating companies of KYP Holding BV being
- KYP Holding B.V. concerning KYP Project, Chamber of Commerce number: 57413894
- KYP FLOW B.V., concerning KYP FLOW, Chamber of Commerce number 70073341
- Leansight B.V. / KYPPLAN B.V., concerning KYP PLAN, Chamber of Commerce number 67106331.
When KYP Holding B.V. is mentioned or referred to in these General Terms of Use, this can also be read as one of the above-mentioned operating companies and the content also applies to all above-mentioned operating companies.
When reference is made in these General Terms of Use to “the use of KYP” or “KYP”, this refers to the use of KYP software offered by KYP Holding B.V. or its operating companies.
1. Introduction
A person who wants to use KYP must create a KYP ID and agree to the general terms of use, the general terms and conditions and the privacy and security policy of KYP Holding B.V. by checking the box, ‘yes, I agree to the conditions’ . The person has then agreed to the terms of use stated below, the general terms and conditions and the privacy and security policy (collectively ‘the agreement’) of KYP Holding B.V. which can be found, among other things, on the home page of the relevant software such as www.kypproject.com. From the moment a KYP-ID is created, the agreement applies to anyone who uses KYP free of charge or under a fee.
The user also declares that he/she is the person he/she claims to be and declares that he/she will abide by these terms of use, the general terms and conditions and the privacy and security policy which can be found on the home page of the relevant software such as www.kypproject.com.
2. General
If KYP Holding B.V. is not able to enforce a right or provision in this agreement, this does not mean that KYP waives this right or this provision, unless KYP Holding B.V. has acknowledged and accepted this in writing. In the event of an unforeseen discrepancy between the general terms and conditions of KYP Holding B.V. and these terms and conditions of use, the terms and conditions of use of KYP Holding B.V. shall apply.
3. Description of services
In the SaaS (software as a service) application KYP, the user finds a range of tools for project management, including scheduling tools, communication options, on-demand opportunities, checklists and storage space (together with the services). Each of these services can only be used by payment. For further information, see www.kyp.nl.
The services offered by KYP, including all updates, improvements, new functions and/or the addition of any new online resources, are subject to the general terms and conditions, the terms and conditions of use and the privacy and security policy as stated on the website www.kyp.nl.
4. Definitions
- ‘Agreement’ these terms and conditions of use, the general terms and conditions, the privacy and security policy and all the material on the website of KYP Holding B.V. to which specific reference is made in this agreement, whereby this material, including the terms and conditions of this agreement, can be regularly updated by KYP Holding B.V. at its own discretion.
- ‘KYP-ID’ the details a user uses to identify themselves within KYP in order to carry out activities in KYP. ‘KYP(-ID) details’ details, information, files or material that the user has provided to KYP or that have been sent to KYP during the use of KYP.
- ‘The Services’ range of tools that are made available in KYP, either free of charge or by payment, including scheduling tools, communication opportunities, ondemand options, checklists and storage space.
- ‘Intellectual Property Rights’ non-patented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other rights in trade secrets, and all other intellectual property rights deriving from this and types of protection of a similar nature anywhere in the world;
- “The User” is a person who has created a KYP ID.
- “The Paying User” a user using the non-free features of KYP on behalf of themselves or a company such as a Project Manager (PM) managing an active project in KYP PROJECT or a user continuing to use KYP FLOW and/or KYP PLAN after the trial period.
- ”The Free User” a user of KYP PROJECT who has the role Project Partner(PP), Client (C), Client Manager (CM), Supervisor (SU), Project Management Office (PMO), a Project Manager (PM) or a (PM) managing an inactive project in a project, or a user of KYP PLAN and/or KYPFLOW who is using these applications during the test period.
- “The Use Period Active Project” is the period during which a project is active (through payment) and during which all KYP services are available to the Project Manager and its selected or authorised stakeholders.
- ‘Active project’ a project in which all services of KYP, including real-time communication about the progress with the free users and the on-demand opportunities are available for the project manager.
- ‘Inactive project’ a project in which several services of KYP are not available, such as communication opportunities and on-demand options.
- ‘KYP’ the specific version of the SaaS application that is accessible via www.kyp.nl and www.kyp.it, which is developed, managed and maintained by KYP Holding B.V.
5. Privacy and security policy
The current privacy and security policy can be found at https://kypproject.com/en/privacy-policy/
6. The use of KYP: granting and restrictions
A KYP-ID is specific to the individual by means of an email address and cannot be shared.
Competitors must not use KYP for competition purposes.
A user of KYP must not send or store any viruses or offensive, indecent or unlawful material via KYP.
KYP Holding B.V. can, at its own discretion, terminate your password, account or use of KYP if the user violates this agreement or fails to comply with it in any other way.
The user agrees to this and accepts that KYP Holding B.V. is not obliged to store the KYPID details and that KYP Holding B.V. can remove these details if the user has committed a serious violation of this agreement, and the user has not rectified this violation within 15 days of being informed of this.
KYP Holding B.V. can impose a fine to the value of 5000 euros (in words: five thousand euros) in the event of a violation of the above terms and conditions.
7. Responsibilities of the User
Users themselves are responsible for all activities that take place within their KYPID.
Users must act lawfully in relation to the use of KYP.
Users must inform KYP Holding B.V. immediately in the event of a suspected infringement of the security, unauthorised use of a password or KYP-ID or in the event of suspicion that the content has been copied.
A user must not present themselves as another user. KYP Holding B.V. can impose a fine to the value of 5000 euros (in words: five thousand euros) in the event of a violation of the above terms and conditions.
8. KYP-ID and KYP-ID details
KYP Holding B.V is not the owner of details, information or material that has been sent to KYP.
A user can see the KYP (ID) details for a minimum of 30 days after a project has been ‘Finished’.
KYP Holding B.V is entitled to remove KYP-(ID) details due to a violation or non-payment, without providing notification.
KYP Holding B.V is entitled to use details specified in KYP for the performance of its service provision and to further optimise its website and service provision, without providing notification.
KYP Holding B.V shall have the exclusive right to, among other things, but not limited to, provide additional information about the user, such as: recommendations/comments from the user and other reviews/scores from the user and/or third parties about the user (such as client satisfaction, creditworthiness, willingness to make calculations, and certificates). This applies equally and in full to (derived) statistical information about the user.
9. Fees: costs and payment
Participating in a project (not being the project manager) or managing an inactive project is free of charge.
A user who wants to activate a project in KYP must pay the costs of this in advance via the payment system of KYP Holding B.V. or by paying an invoice.
The costs for activating a project are linked to the project’s duration (number of days) multiplied by an amount per day (monthly amount divided by the average number of calendar days per month). This amount per day/month is determined periodically by KYP. An adjustment to this amount per month will only be applicable to projects that are activated after this adjustment has been made.
Payments to KYP Holding B.V. cannot be reimbursed.
The user must provide KYP Holding B.V. with valid and approved payment details if the user wants to activate a schedule. The pricing conditions are confidential, and the user agrees not to reveal these to third parties. Term of payment: 30 days.
10. Data storage and Fair Use Policy
The user is given free disk space to a maximum of 500 MB. In the event of excessive use of the data storage, the user must reduce data storage or be charged a fee. Information about the costs of using more disk space shall be determined periodically by KYP Holding B.V. KYP Holding B.V. is entitled to amend limits in connection with the storage of KYP-(ID) details.
11. Payment and extension
Costs for activating a project are charged and collected by KYP B.V in advance. If an active project exceeds the period of use, the user shall receive a notification before the period of use expires stating that the user will have to pay the costs for an extension or else the project will be temporarily deactivated. If the user does not receive a notification, the project will not be deactivated. It is possible to extend the period of use during an active project. Costs for the extension of the period of use of an active project shall be the same as the applicable fee for activating a project at that time.
12. Non-payment and suspension
In the event of non-payment, KYP Holding B.V. shall maintain the right to deny access to the KYP-ID. During the suspension period, the user shall still owe the costs for the period of use of the active project. KYP Holding B.V. must be able to debit unpaid costs from a credit card or otherwise invoice them from the user, including any interest owed.
The user agrees that KYP Holding B.V. is not obliged to maintain KYP-(ID) details and can permanently delete these details if a KYP-ID has an outstanding balance for more than 15 days.
13. Duration of the Agreement
This agreement shall be effective as soon as a user has created a KYP-ID and shall remain in force for as long as a user has a KYP-ID.
14. Period of use of active project: Extension & Termination
The period of use of an active project cannot be terminated; this expires on its own accord.It is possible to extend the period of use of an active project by pressing the button ‘Extend period of use’.
KYP Holding B.V. can terminate this agreement by informing the user via KYP, email or writing a minimum of two weeks before the expiry of a period of use of an active project.
15. Declarations and guarantees
Both parties declare and guarantee that they have the legal competence and authority to enter into this agreement. KYP Holding B.V. declares and guarantees that KYP is supplied in accordance with generally applicable standards that are reasonably applicable to the supply of KYP and that KYP largely works if used normally and in normal circumstances.
The user declares and guarantees that the user has not registered with a false identity and has not provided any incorrect details to obtain access to KYP and that the payment details they have provided are correct.
16. Mutual compensation
KYP Holding B.V., the office, the members of management, the employees, the lawyers and the representatives shall not be liable for any claim, costs, damages, loss, liabilities and expenses (including the costs of legal assistance) as a result of or in connection with a claim of a user.
17. Internet Delays
Services such as KYP can be subject to limitations, delays and other problems that are specific to the use of the internet and electronic communication. KYP Holding B.V. shall not be responsible for delays, faults upon delivery or other damage as a result of these problems.
18. Notification
KYP Holding B.V. can send notifications by email to the email address of a user of KYP or by sending a letter by post to the address that is stored in the KYP-ID. KYP Holding B.V. assumes that such a notification has been received after 48 hours (if sent by post) or 12 hours (if sent by email). A user of KYP can send a notification to KYP Holding B.V. at any time by sending an email to info@kyp.nl or by sending a letter by post to KYP Holding B.V. at the following address: Gooweg 51, 2203 AA, Noordwijk, the Netherlands.
19. Amendment of terms and conditions
KYP Holding B.V. maintains the right to amend the terms and conditions of this agreement or the privacy and/or security policy in connection with KYP Holding B.V. at any time. The amended version of the agree ment shall enter into force as soon as it has been published on www.kyp.nl.
The user is responsible for regularly consulting this agreement. If the user continues to use KYP after such amendments, this means that the user agrees to these amendments.
If you have any questions about the agreement or would like any additional information, you can send an email to info@kyp.nl or contact us by phone on +31(0)20 449 11 17.