Terms and conditions

These are the general terms and conditions of Aanbod op Maat. Slimbot is a brand of Aanbod op Maat. We have kept them as short and clear as possible. First the agreements that always apply (articles 1 to 18), then extra rules if you are a consumer (part B) and then an appendix for each type of service.

1. Who we are

Aanbod op Maat is a sole proprietorship, registered in the Trade Register of the Dutch Chamber of Commerce (KvK) under number 99488299, VAT number NL005391627B68, established in Maastricht. Our registered address is in the Trade Register and on every quote and invoice.

We operate under different brands. These terms and conditions apply to all those brands: IT Live, LAYG, Slimbot, Abe IT (Abeit), Ayoub Bouders, HorecaMenu, Slim Flow Systems, Bouders, Slim Badkamer and Prefab Projects. For our platforms Offertewerk, MarocNL and 321clean, separate terms and conditions apply on those sites.

• E-mail: info@slimbot.nl
• Phone: 085 060 4471
• Postal address: Herikerbergweg 292, 1101 CT Amsterdam
• Privacy enquiries: info@slimbot.nl

2. Definitions

• We / us: Aanbod op Maat, also when we operate under one of our brands.
• You / customer: whoever enters into an agreement with us or creates an account with us.
• Business customer: a customer who acts for their profession or business.
• Consumer: a customer acting as a private individual, so not for a profession or business.
• Service: everything we deliver, such as websites and webshops, hosting, e-mail and domain names, software subscriptions (such as Slimbot and HorecaMenu), AI assistants, telephony, videos, IT support and advice.
• Agreement: the arrangement between you and us: the quote, order or sign-up, the appendix that belongs to the service and these terms and conditions.
• In writing: on paper, by e-mail or via your customer account.

3. When these terms apply

1. These terms apply to all our quotes, orders, sign-ups and agreements, under any brand.
2. Each type of service has an appendix with additional terms. If documents contradict each other, this order applies: (1) what we have specifically agreed with you in the quote or agreement, (2) the appendix to the service, (3) these terms. For the processing of personal data on your behalf, our data processing agreement takes precedence.
3. Your own purchasing or general terms and conditions do not apply unless we have accepted them in writing.
4. If a provision is invalid or voided, the rest remains in force. We will then replace that provision with a valid provision that comes as close as possible to the intention.

4. Quotes, prices on the site and concluding the agreement

1. A quote is valid for 30 days, unless a different period is stated.
2. Guide prices and 'from' prices on our sites are indicative. The price in your quote or in the order screen is the price that applies.
3. The agreement is concluded as soon as you accept a quote (also by e-mail, WhatsApp or with an online approval), complete an order or sign-up, or accept an offer in your dashboard.
4. A free account is not a paid subscription. Costs only arise when you order a paid service or accept a paid offer.
5. An obvious mistake or typo in a quote or on the site (for example, a price that clearly cannot be correct) does not bind us.

5. How we carry out the work

1. We carry out the work carefully, to the best of our ability and in accordance with the requirements of good workmanship. Unless we have expressly promised a result, this is a best-efforts obligation.
2. Schedules and delivery times are a guideline, unless we have agreed a fixed end date in writing. If we overrun, let us know in writing and give us a reasonable period to still complete it.
3. You provide the information, texts, images and access we need on time. If that comes later, the schedule shifts. If this demonstrably causes us more work, we will discuss the additional costs in advance.
4. Work that falls outside the agreement (additional work) we only do after your approval, at a pre-stated price or our hourly rate.
5. We may engage others, such as suppliers for hosting, payments, phone answering, messaging and AI. Those who process personal data for us are listed on our sub-processor list.

6. Prices and payment

1. Prices are in euros. We always state whether a price is inclusive or exclusive of VAT. If this is not stated, the price is inclusive of VAT.
2. We invoice subscriptions in advance per period (per month or per year, as agreed). We invoice one-off work as stated in the quote; we may request a deposit.
3. Pay within 14 days of the invoice date, unless a different term is stated on the invoice. Online payment is via a payment service; we do not store your payment card details ourselves.
4. If you don't pay on time, we'll send a reminder with a new payment term of 14 days. If payment still hasn't been received after that, we may suspend the service after notice until payment is made, and charge statutory interest and collection costs. For consumers, we only do this as permitted by law.
5. If you believe an invoice is incorrect, let us know within 30 days of the invoice date. You pay the part that is not in dispute as normal.
6. If the price of an ongoing subscription increases, we will notify you by e-mail at least 30 days in advance. You may then cancel the subscription free of charge before the date on which the new price takes effect.

7. Term, cancellation and termination

1. Unless agreed otherwise, a subscription runs monthly and you can cancel it by the end of the current month.
2. If you have a subscription with a fixed initial period (for example, one year):
   • Business customer: after that period, the subscription is renewed for the same period, unless you cancel at least one month before the end.
   • Consumer: after that period the subscription continues for an indefinite period and you can always cancel it with a notice period of at most one month.
3. You can cancel by e-mail to info@slimbot.nl or, where possible, in your customer account. You will receive a confirmation from us.
4. We can cancel a subscription with a notice period of at least one month. If we have received payment in advance for the period thereafter, we will refund that proportionally.
5. We may immediately suspend the service or terminate the agreement if you seriously or repeatedly breach these terms (for example, in case of misuse or illegal content), if you do not pay after a reminder, or if you as a business customer go bankrupt or are granted suspension of payments.
6. If you cancel, we will not refund anything for the current period, unless the law or the appendix states otherwise.
7. After the end you can still download or export your data for 30 days. After that we delete it, except what we must keep by law (such as our administration, 7 years). We cooperate with a transfer to another party; see the appendix to the service.

8. What we expect from you

1. You only use our services in a way that is legally permitted. Not permitted are, among other things: spam or unsolicited mass messages, phishing and malware, infringement of others' rights, hateful or discriminatory content, misleading content (such as deepfakes without consent), circumventing security and overloading our systems.
2. Keep your login details secret and use two-step verification where possible. If you notice misuse of your account, report it to us immediately.
3. You are responsible for what you publish or send via our services. This also applies to the mandatory information on your own website or in your own shop (such as your privacy statement, cookie notice, prices and terms) and for consent from the people you send messages to.
4. If you act in breach of this article, we may block content or suspend the service. We usually warn first; in serious cases or if the law requires it, we intervene immediately. We handle reports from others about unlawful content carefully.

9. Intellectual property

1. Your content (texts, photos, videos, data, logos) remains yours. You only give us permission to store, process and display it to the extent necessary to provide the service.
2. You warrant that you have the rights to what you supply. If you are a business customer and someone holds us liable because your content infringes their rights, you indemnify us for that.
3. What we create especially for you, you may use after full payment for the agreed purpose. What exactly becomes yours is stated in the appendix to the service.
4. Our own software and platforms, templates, standard components, scripts, prompts and working methods remain ours. Open-source components are subject to their own licence; stock images and other licensed material are subject to the licence of the source.
5. We may show in our portfolio that we have worked for you (without confidential information). If you don't want this, let us know; we'll remove it.

10. AI in our services

1. Many of our services use artificial intelligence (AI), for example chatbots, voice assistants and the creation of text, images and video.
2. When your customers talk to or call an AI assistant from us, we make this clearly visible or audible, or you can set this yourself. Don't turn this off.
3. AI can make mistakes or be incomplete. Check important outcomes before you publish them or make decisions based on them. You decide what you do with the outcome towards your own customers.
4. We do not use your data to train AI models ourselves. We work with carefully selected AI suppliers and where possible choose settings that exclude training on your data. Which suppliers these are is stated on our sub-processor list.

11. Privacy and personal data

1. We are responsible for the data of our own customers and contacts. How we handle this can be found in our privacy statement.
2. If we process personal data for you (for example from your customers in your website, inbox, chatbot, WhatsApp or ordering system), then you are the data controller and we are the processor. For this our data processing agreement applies; it is part of every agreement in which we process such data.
3. The current list of parties that process data for us is on our sub-processor list. We announce changes to this in advance, as the processor agreement describes.

12. Availability, maintenance and back-ups

1. We do our best to keep our services available at all times, but we cannot always prevent an outage. Uptime percentages we mention are target values. Only if we agree a separate SLA with you in writing do firm guarantees and compensation apply.
2. Scheduled maintenance we carry out as much as possible outside office hours. If we expect a noticeable interruption, we will let you know in advance. Urgent security maintenance can be immediate.
3. We make back-ups as described in the service. They are intended to restore after a failure. Keep a copy yourself of data that is important to you.
4. Disruptions at parties over which we have no influence, such as messaging platforms (e.g. WhatsApp), telephone networks, payment services and domain registries, fall outside our responsibility. We will help you as best we can.
5. We continuously improve our services. If we remove a feature that you use substantially, we will notify you at least 30 days in advance and you may cancel free of charge.
6. We take appropriate technical and organisational measures to secure your data. Found a vulnerability? Report it via info@slimbot.nl.

13. Liability

1. If we fall short, first give us the opportunity in writing to resolve it within a reasonable period.
2. We are only liable for direct damage that is the result of a shortcoming attributable to us. Per event (or series of related events), our liability is limited to the amount you paid us for the relevant service in the 12 months before the event, and never more than €25,000. For a one-off assignment, this is the invoice amount for that assignment.
3. We are not liable for indirect damage, such as consequential damage, lost profit or turnover, missed savings, reputational damage and damage due to business interruption.
4. We are also not liable for damage caused by content you supply, by AI outcomes you use without checking, by failures at parties over which we have no influence, or by use contrary to these terms.
5. These limitations do not apply if the damage was caused by intent or wilful recklessness on our part, and not in the case of injury or death. If you are a consumer, they only apply to the extent permitted by law.
6. Report damage as soon as possible, no later than 12 months after you knew or could have known about it. If you are a business customer, your right to compensation lapses thereafter.

14. Force majeure

1. If we are (temporarily) unable to deliver due to force majeure, we are not required to perform at that time. Force majeure includes: outages at hosting, power, internet or telephony suppliers, outages or blockages by messaging platforms, cyberattacks despite reasonable security, government measures and illness of the business owner when replacement is not possible.
2. If force majeure lasts longer than 30 days, we may both terminate the agreement free of charge. What has already been delivered will be paid proportionally.

15. Confidentiality

1. We keep each other's confidential information secret and use it only for the agreement. This also applies after the end of the agreement.
2. If we need access to your systems or accounts (for example for remote support), we only use them with your permission and only for the job.

16. Complaints

1. If you are dissatisfied with anything, e-mail your complaint with a clear description to info@slimbot.nl. Report it as soon as possible after you discover the problem; as a consumer, in any case within two months.
2. We confirm your complaint within 5 working days and provide a substantive response within 14 days. If we need more time, we will let you know within those 14 days when you will receive an answer.
3. If we cannot resolve it together, you can go to court (article 18). We are not affiliated with a disputes committee.
4. If your complaint concerns privacy, you can also contact the Dutch Data Protection Authority (AP).

17. Changes to these terms

1. We may amend these terms and conditions. The current version is always available on this page, with the date of the last amendment. We will send you an earlier version upon request.
2. Changes that are disadvantageous to you (for example regarding price, cancellation, liability or features) will be announced at least 30 days in advance by e-mail. You may then cancel the agreement free of charge by the date on which the change takes effect.
3. Minor changes that are not disadvantageous to you (such as clarifications or adjustments to new legislation) take effect as soon as they appear on this page.

18. Applicable law and disputes

1. Dutch law applies to our agreements. The Vienna Sales Convention does not apply.
2. We always try to resolve a dispute together first.
3. If you are a business customer, the most appropriate party submits a dispute to the District Court of Limburg, Maastricht location. If you are a consumer, you can also go to the court that is competent by law in your place of residence.
4. If a translation of these terms and conditions exists, the Dutch text shall prevail in the event of any discrepancy.

Part B: additional rules for consumers

This part only applies if you purchase from us as a private individual (consumer). Your statutory rights as a consumer always remain in force; this part explains them.

B1. Cooling-off period (right of withdrawal)

1. If you conclude the agreement remotely (online, by e-mail, phone or WhatsApp) or outside a shop, you have a 14-day cooling-off period. During this time you can cancel the agreement without giving a reason. The cooling-off period begins on the day the agreement is concluded.
2. If you wish to withdraw, send a clear statement to info@slimbot.nl within those 14 days. You may use the model form below for this. We will confirm receipt.
3. We will refund what you have already paid within 14 days of your withdrawal, using the same payment method you used, unless you agree to something else.
4. If you expressly ask us to start within the cooling-off period and then withdraw, you will pay an amount proportionate to what we have already done up to that point.
5. If you have expressly asked us to start within the cooling-off period, and you have declared that your cooling-off period expires once the service has been fully performed, you can no longer withdraw after full performance. The same applies to digital content that we supply with your express consent, if you have declared that you thereby waive your cooling-off period.

B2. Other consumer rules

1. If we ask for a deposit, it will be at most half the price, except for subscriptions that you pay in advance per period.
2. You are entitled to a service and digital content that comply with the agreement. We cannot limit your statutory rights to that.
3. Cancellation of tacitly renewed subscriptions: see article 7.2.

Appendix C: Software subscriptions (such as Slimbot, HorecaMenu, the customer portal and AI phone answering)

1. Free account. Creating an account costs nothing and you do not need to provide payment details. Which features are free is stated with the service. We may adjust the free offering; we will notify you in advance.
2. Paid subscription. A paid subscription only starts when you accept the offer (in your dashboard or in a quote) or order a plan yourself. There is no trial period that automatically converts into a paid subscription.
3. Term. A subscription runs per month and can be cancelled monthly, unless a different term is stated in the offer (for example, an annual price or a promotion). You can cancel in your dashboard or by e-mail; you can use the service until the end of the paid period.
4. Usage limits and consumption. Each plan has limits (such as the number of users, numbers, messages or call minutes). Costs charged per use, such as WhatsApp conversation costs, call minutes or SMS, are listed with the plan or in the price list. If you exceed your limit, we will notify you and you can switch to a larger plan.
5. WhatsApp, Instagram and other channels. These channels are also subject to the terms and conditions and policy of the platform itself (such as Meta for WhatsApp). You ensure that the people you send messages to have given permission for this. A platform may restrict or block a number or account; we have no influence over this.
6. Telephony and AI phone answering. Numbers and calls run via our telephony partner. If you record calls or have an AI assistant record them, you ensure that callers know this; the AI assistant itself announces that it is an AI assistant. Our AI phone answering is not intended for emergency calls; always call 112 in an emergency.
7. Apps. If you use one of our apps from the App Store or Google Play, the terms of that store also apply.
8. HorecaMenu. You are responsible for your menu, prices and allergen information. Payments from your guests run via a payment service in your name; transaction costs of that payment service are separate from your subscription.
9. Your data. You can export your data (such as contacts and conversations) during the subscription. After it ends, we keep it for another 30 days for export and then delete it.

Annex A: Websites, webshops and custom work

1. What we make. What we build (such as the number of pages, features and correction rounds) is stated in the quote or in the description of the plan.
2. Delivery. You provide texts, images, logos and access to existing systems on time. If we provide texts or images ourselves, that will be stated in the quote.
3. Delivery and approval. When the website is ready, we show it to you. You then have 14 days to review it and report any errors with reasoning. Minor points that do not hinder use are not a reason to postpone delivery; we resolve those afterwards. If you use the website live or we hear nothing within those 14 days, it is deemed delivered.
4. Rectification after delivery. Errors that come to light within 30 days of delivery and that are caused by us will be rectified free of charge. Change requests after delivery constitute additional work, unless they are included in your plan or maintenance subscription.
5. What is yours. After full payment, you may use the design, text and images we have created specifically for you without restriction. If you want the copyright to that custom work in your name, we will transfer it to you in writing on request. For the components that remain ours (our platform, templates, standard code), you receive a permanent right of use for this website. Third-party themes, plugins, fonts and stock images are subject to their own licence; we will notify you in advance of any ongoing costs.
6. Switching. Your domain name and the content of your website are yours, even if you leave. On request, we will provide your files and content in a common format. If your website runs on our own platform, we will provide a copy of the pages, texts and images. Transferring to another party is charged at our hourly rate, unless it's included in your plan.
7. Webshops. In your webshop, you are the seller. You are responsible for your own terms and conditions, prices, VAT, delivery and your customers' right of withdrawal. The contract with your webshop's payment service is in your name.
8. After going live. Hosting, updates and maintenance after going live run via a subscription (see appendix B), unless you arrange hosting yourself. Without a maintenance subscription we do not carry out updates.

Annex B: Hosting, e-mail and domain names

1. Hosting and e-mail. What your plan includes (such as storage, mailboxes and traffic) is stated with the plan. If you structurally use much more than is normal for your plan, we will discuss a suitable plan.
2. No spam. You may not use our mail servers for unsolicited bulk e-mail. We may block suspicious outgoing mail and temporarily suspend an account to protect other customers and e-mail deliverability.
3. Back-ups. We make regular back-ups at a separate location. How often and how long we keep them is stated with the plan. A restoration at your request that is not necessary due to an error on our part may constitute additional work.
4. Where your data is stored. The servers and parties where your data is stored are listed on our sub-processor list.
5. Domain names. We register your domain name in your name wherever possible (you are the holder). The rules of the registry (such as SIDN for .nl, DNS Belgium for .be and EURid for .eu) also apply to you. You are responsible for the choice of name and for correct holder details. A registration runs per year and is automatically renewed, unless you cancel at least one month before expiry.
6. Transfer. If you wish to transfer your domain name or website to another party, we will provide you with the transfer code within 5 working days and cooperate. Transferring a domain name itself is free of charge.
7. Termination. After the end of your hosting, you can still have your files and e-mail exported for 30 days. After that, we delete them.

Appendix D: Videos and content

1. What we create. Length, format, number of videos and correction rounds are stated with the plan or in the quote. Prices are on the service page and in the quote.
2. How we make it. We use animation, AI imagery and AI voices, amongst other things. We do not imitate real, recognisable people without their consent. If you supply images, logos or music yourself, you warrant that you have the rights to them.
3. Approval. You will first receive a draft. Please provide your feedback within 14 days. If we hear nothing within 14 days, we may deliver the video as approved.
4. Use. After payment, you may use the videos without restriction for your own communication and marketing, such as on your website, social media and in advertisements. Music, stock images and fonts in the video are subject to the licence of the source; you may not resell these separately.
5. Video subscription. A video subscription runs per month and can be cancelled monthly, unless otherwise agreed.
6. Posting on social media. If we schedule posts for you, we only use access to your accounts for that purpose. You remain responsible for your accounts and the responses to them.