Terms and Conditions

1. Agreement and changes

By checking the box “I have read and agree with the ISVWorld terms and conditions of use”, by registering, ordering, or using the ISVWorld website and products (the “Services”), you agree to these Terms and the ISVWorld Privacy Policy. If you do not agree, do not use the Services.

ISVWorld B.V. (“ISVWorld”, “we”, “our”) operates ISVWorld.com (the “Site”). If you or your organization has a separate written contract with ISVWorld that covers the same subject matter (a “Contract”), that Contract prevails to the extent of any conflict.

We may update these Terms from time to time. Updated Terms apply when you next log in or continue using the Services after the update. If you do not agree to an update, you must stop using the Services.

The most current version of these T&C’s is available at: http://www.isvworld.com/terms-and-conditions

2. Subscription term, fees, renewal, payment, and refunds

2.1 Start of subscription and term

A new subscription becomes effective when (i) you submit the online order form, (ii) we receive payment, and (iii) you agree to these Terms and the Privacy Policy.
Fees for the first contract year are calculated from the first day of the month following receipt of the order form, and cover twelve (12) months from that date.
Renewals are invoiced one (1) month before the next contract year covered by the invoice.
Any negotiated discounts apply to the first subscription year only.

2.2 Renewal and cancellation

Either party may terminate this agreement by providing at least sixty (60) days’ written notice before the next renewal date. Termination takes effect on that next renewal date.
Without termination, the subscription renews automatically for successive one-year terms as long as annual fees are paid.

2.3 Fees and fee changes

Annual fees depend on subscription type, number of named users, and services.
A current subscription fee schedule is published on our website
At renewal, fees may be adjusted by the published inflation rate in the Netherlands plus 2%. Any increase beyond that requires written notice at least three (3) months before the renewal date

2.4 Payment, late fees, and suspension for non-payment

Renewal invoices must be paid on or before the renewal date.
If payment is not received by the renewal date, we may suspend Services and block user accounts until all amounts are paid in full
If charges are overdue, we may charge late interest at 1.5% per month on the outstanding balance, or the maximum rate permitted by law (whichever is lower), from the due date until paid.

2.5 Customer costs, credits, taxes, and references

You are responsible for costs to establish and maintain access to the database (for example, telecommunications, network charges, internet access, or software licenses).
Any credits included with your subscription must be used within the contract year; unused credits expire at the end of the subscription year.
You are responsible for any costs associated with printing from the database and for any taxes related to your or your authorized users’ use of the database.
ISVWorld may list customer names in its customer list. We will request explicit approval before using a customer as a reference or in marketing materials.

2.6 Refunds

Due to the nature of the products, refunds cannot be granted

3. Access, accounts, and security

3.1 Named-user access

Access is provided through username/password combinations for named users and may also be controlled through IP addresses
ISVWorld licenses are for named users (not concurrent users). Each user license enables access by one (1) named user representing a single client user.
If a named user is removed from the access list, the subscriber may replace that user with a new user, but the removed user may not be added back in

3.2 Subscriber responsibilities

The subscriber is responsible for maintaining an accurate list of named users and updating access lists when necessary
The subscriber and authorized users must cooperate with ISVWorld on existing security procedures and the implementation of additional security measures as they are developed.
You must keep passwords confidential, may not use another person’s password, and may not share credentials or otherwise allow others to access the Services through your account.
You must notify ISVWorld promptly if you become aware of unauthorized access or password compromise.

3.3 Secured areas

Certain areas of the Site may be restricted (“Secured Areas”) to clients with specific subscription levels or types. You may access Secured Areas only if authorized by ISVWorld (or by your employer if your employer is authorized).

4. License, permitted use, and restrictions

4.1 Authorized users

Authorized named users must be employees, faculty, staff, consultants, or students officially affiliated with the subscriber, or authorized clients of the subscriber’s facilities.

4.2 Permitted internal use

You may access and use the Site and its content (including text, graphics, data, images, marks, logos, audio/video, photographs, and other works, collectively the “Content”) for internal information and communications purposes.
You must maintain all copyright, trademark, and other notices on the Content.
Internal use of graphics and quotations of individual sentences/paragraphs in internal documents is permitted without prior permission, provided you include attribution: “Source: ISVWorld”.
External citations are permitted if ISVWorld is mentioned as the source.

4.3 Prohibited use

You may not make ISVWorld or Content available to anyone other than authorized named users, including by sharing credentials or permitting access through your computer or account.
Unless explicitly agreed in writing, you may not use the database or Content for commercial resale, (re-)publishing, bulk reproduction, or (re-)distribution, including fee-for-service use or imposing special charges on other authorized users.
You may not use Content to promote your or your organization’s products or services unless explicitly authorized by ISVWorld in writing.
You agree not to take any action that would compromise the security of the Site or render it inaccessible to others, and to use the Site and Content in accordance with applicable law.

4.4 Ownership

The Site and Content are protected by international copyright laws and conventions and belong to ISVWorld, its licensors, or other owners. No right, title, or interest in any Content is transferred to you.

5. Sharing and third-party use

5.1 General rule

You may not provide any ISVWorld Content to a third party, except as permitted below or expressly agreed in writing with ISVWorld.

5.2 Permitted marketing processor exception

You may provide Content to a third-party marketing/lead generation company only if all of the following conditions are met:

The third party is operating marketing and lead generation campaigns for the subscriber’s organization.
The third party has entered into a marketing services processor agreement with ISVWorld.
The Content is used solely for marketing and lead generation campaigns on behalf of the subscriber’s organization
No more Content is provided than is strictly necessary for that purpose.
The subscriber has an enforceable written agreement with the third party that requires the third party to: (i) use the Content only for the permitted purpose; (ii) disclose the Content no further than necessary; (iii) promptly delete Content that is no longer necessary and, in any event, upon termination of the marketing agreement and/or termination of the agreement between ISVWorld and the subscriber; and (iv) keep the Content confidential and use reasonable measures to prevent unauthorized access.

5.3 Remedies and penalties

If the subscriber breaches Section 5.2, and/or if the marketing company breaches any of the obligations described in Section 5.2 (regardless of whether an enforceable agreement between subscriber and marketing company exists), the subscriber forfeits to ISVWorld, by operation of law and without any further action, an immediately payable penalty of EUR 10,000 for each breach, plus EUR 2,000 for each day the breach is not cured, without prejudice to ISVWorld’s other rights (including claims for actual damages and claims for compliance).

ISVWorld may add control content to enable ISVWorld to verify permitted use. Unless the subscriber proves otherwise, any unpermitted use of such control content constitutes proof of unpermitted use of all Content.

6. Suspension and termination for breach

If the subscriber materially breaches these Terms and does not cure the breach within thirty (30) days after written notice from ISVWorld, the subscriber must immediately stop using the Services and ISVWorld may terminate the agreement.

7. Interactive services and user content

Certain areas of the Site may allow you to post content (“User Content”). You are solely responsible for all User Content you upload, post, email, transmit, or otherwise make available through the Site.

7.1 Prohibited content

User Content must not be illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing, or otherwise injurious or objectionable
Do not upload personally identifiable information such as driver’s license numbers, passport numbers, social security or tax identification numbers, or bank/credit/debit card or other financial account numbers

7.2 License to ISVWorld and representations

By posting User Content, you grant ISVWorld a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit the User Content at ISVWorld’s discretion. You represent and warrant that you own or control the rights to the User Content, that it is accurate, and that its use does not violate these Terms or cause injury.

7.3 Moderation and risk

ISVWorld may (but is not obligated to) monitor, edit, or remove User Content for any reason. ISVWorld assumes no liability for User Content submitted by you or others. You may be exposed to User Content you find objectionable and you bear the risks of using it.

7.4 No confidentiality

By posting User Content, you represent and warrant that it is not confidential or proprietary and that posting it does not violate any confidentiality obligations.

8. Copyright infringement notices

Notifications of claimed copyright infringement should be sent to: ISVWorld BV, Weteringschans 165, 1017 XD Amsterdam, The Netherlands.

9. Disclaimers (as-is; accuracy)

The Content is based on ISVWorld’s reasonable efforts to compile and analyze publicly available data sources and may change over time.

The Site and Content are provided “as is”. To the maximum extent permitted by law, ISVWorld disclaims all warranties, express or implied, including warranties (i) of accuracy, reliability, correctness, or completeness; (ii) that the Content will be error-free, timely, or free of defects; (iii) of non-infringement; (iv) that the Content will be free of viruses or harmful components; or (v) that the Site will be available at any particular time or location.

You assume sole responsibility for selecting and using the Content to achieve your intended results. Your sole and exclusive remedy for any alleged loss or damage related to your use of the Site, Content, or User Content is to discontinue use..

10. Liability and indemnification

10.1 Limitation of liability

To the fullest extent permitted by law, ISVWorld is not liable under any circumstances or theory of law for any indirect, special, consequential, incidental, or similar damages (including lost profits or business interruption) arising out of or related to your use of the Site, Content, or User Content, whether or not advised of the possibility of such damages.

ISVWorld is not liable for damages arising from reliance on the Content, User Content, the Site, or any errors, omissions, or inaccuracies therein. Where exclusions are not permitted, liability is limited to the maximum extent permitted by law.

ISVWorld’s maximum aggregate liability for all claims arising under these Terms is limited to and will not exceed the latest annual amount paid to ISVWorld under this agreement.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless ISVWorld and its subsidiaries, affiliates, joint ventures, business partners, licensors, employees, agents, and applicable third-party information providers from and against claims, losses, expenses, damages, costs, and reasonable attorneys’ fees arising out of your use, misuse, or inability to use the Site, Content, or User Content, or your violation of these Terms.

11. Governing law and jurisdiction

These Terms, and their validity, construction, and effect, are governed by and enforced in accordance with the laws of the European Community and the laws of the Netherlands, without reference to conflict of law provisions. You consent to the jurisdiction of the courts sitting in the Netherlands for claims or disputes arising out of your use of the Site or these Terms.

12. Third-party links

The Site may include links to third-party content and websites. ISVWorld does not endorse and is not responsible for the availability, content, products, services, or privacy practices of linked sites

ISVWorld B.V.

Weteringschans 165c,

1017 XD Amsterdam, Netherlands

Chamber of Commerce Amsterdam, 30282408

VAT: NL8219.96.782.B01