Terms of service

The service “Shipping Center” is offered to you in the form of Software -as -a-Service (Saas) by the company EXTRA Logistic Software. The following Terms and Conditions apply to your use of Shipping Center. In using Shipping Center you agree with these Terms and Conditions. Exceptions or changes on these Terms and Conditions are only legally binding when they are accep ted in writing by EXTRA Logistic Software

Article 1: Use of Shipping Center

1. With Shipping Center you can carry out all necessary work as forwarder. This service is solely available to you. You are not allowed to grant access to your account to third parties.
2. To be able to use Shipping Center, you have to finish the registration process first. This can be done by accepting the Terms and Conditions and enter you private password.
3. It is mandatory to protect your account against unauthorized access by means of your email-address and password. EXTRA l ogistic software may assume that all actions under your account after login with your email -address and password happen under your authority and guidance. You will be responsible for all these actio ns, unless you have informed EXTRA Logistic Software that someone else knows your password.

Article 2: Terms of use

1. It is prohibited to use Shipping Center for actions that are in contravention with Dutch and other applicable law and legislations. Included in this storage and distribution through this service of information that is offensive, insulting or racist.
2. When, in the opinion of EXTRA logistic s oftware, troubles, damage or other dangers arise for the correct functioning of Shipping Center or t he EXTRA logistic software network and/or third parties or services, by example through excessive sending of emails or other data, leaks of private information, activities of viruses, Trojans and comparable software, EXTRA logistic software will have the r ight to take any actions that are reasonably necessary to avert, remove or prevent these risks.
3. At any time EXTRA l ogistic software has the right to report any criminal offences to the authorities.

Article 3: Contract duration

1. EXTRA logistic software takes responsibility for the availability of Shipping Center, but does not guarantee 100% uninterrupted availability.
2. EXTRA logistic software will actively maintain Shipping Center. In the case that maintenance will lead to limited availability, EXTRA logistic s oftware will carry out this maintenance on moments when the use of Shipping Center will be relatively low. When possible, users of Shipping Center will be informed in advance on planned maintenance. Maintenance for reason of c alamities can take place on any moment without prior notice.
3. EXTRA logistic software will on a regular basis, extend and enhance the possibilities of Shipping Center. We will very much welcome your feedback and suggestions.

Article 4: Intellectual property

1. The service Shipping Center, all software that is part of the service, all information, documentation and images on the website are the intellectual property of EXTRA l ogis tic software. It is not allowed in any way to copy, use and/or redistribute these wit hout written approval of EXTRA logistic s oftware, except in these cases that it is permitted by law.
2. Information stored or processed through Shipping Center is and will stay your property (or that of your suppliers). EXTRA logistic software has a limited right of usage of this information to be able to create new functionality for Shipping Center in the future. You can withdraw this right of usage by removing the information or by ending your agreement for Shipping Center.
3. Whenever you send information to EXTRA l ogistic software, by example in case of feedback concerning an error or in case of suggestions for an im provement, you will give EXTRA logistic software an unlimited and irrevocable right to use this information for Shipping Center. This does not count in cases you expressly state that the information is confidential.
4. EXTRA logistic software will not take note of any information you store, process and/or distribute through Shipping Center, unless this is necessary for the p roper service by EXTRA logistic software or whenever EXTRA logistic software will be forced to do so pursuant a legal provision or court order. In that case EXTRA l ogistic software will make an effort within her powers to limit the access to the informatio n as much as possible.

Article 5: Price and payment

1. For the use of Shipping Center a single start fee plus a monthly fee has to be paid. The monthly fee expires 14 days after expiration of the previous period.
2. Payment can be made to the bank account of EXTRA l ogistic software, in the name of EXTRA i nternet services B.V.
3. Because delivery time of Shipping Center is within two month and on your explicit request, it is not possible to cancel the payment on app eal to the Dutch Law on Distance Sales.

Article 6: Liability

1. Apart from cases of malice or gross neg ligence the liability of EXTRA l ogistic software is limited to the amount paid for the service for the period of three months before the incident that caused the damage took place.
2. EXTRA logistic software carries explicitly no liability for indirect damage, lost profit, lost cost savings or damage caused by slowdown or standstill of business processes.
3. Any possible claim on compensation of damage c an only be taken into account on the condition that EXTRA l ogistic software is informed within two months after the damage is discovered.
4. In case of force majeure EXTRA logistic software can never be held liable for the compensation of any damage. Cases of force majeure are by example but not limited to: disturbance or breakdown of the internet or telecom infrastructure, power failures, riots, mobilization, war, obstruction of transport, strikes, exclusion, dysfunctioning of company processes, slowdown or halts in the supply chain, fire or floods.

Article 7: Duration and termination

1. This agreement for Shipping Center starts at the moment of the first use and continues for thirty six months, unless otherwise agreed in writing. The agreement can be terminated by the end of the agreed term with a notice period of two months.
2. After the period of thirty six months the agreement will be extended automatically every time for another twelve months. B efore the agreement is extended automatically the agreement can be cancelled with due observance of a period of notice of two months.

Article 8: Changes in pricing and conditions

1. EXTRA logistic software is allowed to change these Terms and Conditions and pricing at the start of each new agreement period.
2. EXTRA logistic software shall inform users of Shipping Center by e -mail at least thirty days before changes of or additions to these Terms and Conditions come into force.
3. In case you can’t agree with a change in or addition to these Terms and Conditions, you are allowed to cancel your agreement until and not later than the date the changes or addi tions come into force. Use of Shipping Center after the date of the changes will be considered as acceptance of the changes and/or additions.

Article 9: Other provisions

1. On all agreements on the use of Shipping Center Dutch Law will be applicable.
2. As far as compulsory rules not state otherwise, all disputes concerning the use of Shipping Center and these Terms and Conditions will be presented to the proper Dutch court in the district where EXTRA l ogistic software is officially registered.
3. In case a clause in these Terms and Conditions demands that a statement or communication has to be done in writing, a statement or communication by e -mail or through Shipping Center is acceptable as long as it is sufficiently clear that the message is truly s ent by the claimed sender and that the integrity of the message is not weakened or damaged.
4. All versions of communication or information as stored by EXTRA l ogistic software will be accepted as true, unless proved otherwise by you.
5. In case any clause(s) of these Terms and Conditions seems to be null and void, the validity of these Terms and Conditions will not be affected. In that case parties will agree on a change or replacement of that clause(s) in a way that as much as possible the original intention of the clause(s) will remain the same.
6. EXTRA logistic software has the right to transfer her rights and obligations following the agreement and these Terms and Conditions to a third party whenever this third party takes over the company act ivities of EXTRA l ogistic software.
7. EXTRA logistic software will never transfer her activities to a third party that is active in the same sector as her customers and users of Shipping Center.