GENERAL TERMS AND CONDITIONS
These are the general terms and conditions of Specter Solutions B.V. trading under the name Specter, with its seat in Amsterdam, the Netherlands and registered in the Trade Register of the Chamber of Commerce under number 75634902.
Through its carefully trained document generator Specter offers the user (cost) efficient access to high-quality transaction documentation. These terms and conditions apply to all visits and all use of the websites bespecter.nl and bespecter.com as well as all information, recommendations, services and products offered by Specter on or via the aforementioned websites. By "we" and "you" we mean yourself and/or your company.
Use of Specter
The information, recommendations, services and products offered on the bespecter.nl and bespecter.com websites do not constitute legal advice and are only included for general informational purposes.
The result of Specter's document generator depends on the answers you enter in the questionnaire. You are fully and solely responsible for answering the questions and selecting a document that matches your situation.
All documents and explanations are exclusively based on Dutch law. Use of documents prepared by Specter's document generator is entirely at your own risk. Specter strives to keep the legal documents and explanations on its websites up-to-date. Specter has a knowledge centre that keeps track of relevant changes with regard to laws and regulations and adjusts the documents and explanations accordingly. All documents are provided by Specter without warranty of any kind, express or implied including but not limited to, warranties of performance, merchantability and fitness for a particular purpose and may not reflect recent developments in laws and regulations, may not be complete, and may not be accurate in or applicable to the jurisdiction in which they are used.
You may only use the documents for yourself and/or your own company for purposes that are directly related to your own business operations.
Specter may refuse your order at its own discretion or set additional conditions in that context.
Specter uses third-party services or offers third-party services via its website, such as services from attorneys, notaries, insurers, brokers and other service providers ("Partners"). Specter does not guarantee that a Partner will actually provide the service you have requested. Partners can refuse services without owing any explanation to you or Specter. In the event that a Partner refuses a service for which Specter has already received payment from you via its websites bespecter.nl or bespecter.com, Specter will credit the amount paid by you for that service, but not the purchase amount of the document prepared by Specter's document generator.
Security and confidentiality
Specter handles the information and data you provide with the utmost care and has a strict safety policy. Specter may share that information and data with (and possibly receive from) third parties to the extent necessary in connection with its services, e.g. in connection with the provision of additional services to you by Partners. Specter will not view the information you provide during the document generation process unless with your explicit prior consent.
It is very important that your information and data are stored in a safe place. The hosting has been placed by our technical partner with managed hosting provider True. Both are reliable Dutch parties that are ISO 27001: 2013 certified.
In the privacy and cookies statement on our website you can read how Specter handles your privacy. Specter is authorised to process, store and bring your (personal) data to suppliers, Partners and all legal entities and persons related to Specter in connection with the performance of services or products offered by Specter and for relationship management.
Specter may process your personal data for the following purposes:
- providing access to our websites bespecter.nl and bespecter.com;
- the use of the functionalities on our websites;
- entering into and executing agreements with regard to our services;
- conducting conversations via the chat option offered on our websites;
- contacting you upon your request;
- direct marketing, including sending newsletters per email;
- gaining insight into the use of our websites;
- improve and evaluate our websites and services; and
- making it possible for you to email, print or share a page via social networks such as LinkedIn.
By accepting our general terms and conditions you consent to Specter's processing of your personal data for abovementioned purposes and to Specter sending you direct marketing messages. Send us an email on info@bespecter.com if you wish to withdraw your consent.
We will not process your personal data for purposes other than those mentioned above, unless you have given prior consent for this or we are allowed or obliged to do so by law.
Ownership rights
Specter and/or its Partners and suppliers are entitled to the rights to the websites bespecter.nl and bespecter.com, as well as all information, recommendations, services and products offered to you on or via this website, all related intellectual property rights and all intellectual property rights of the document generator and the documents made available.
You only receive the right to use a generated document for yourself/your own company and for purposes that are directly related to your own business operations and/or advice to your own customers. Other than in case you as a professional advisor generate for your client a document using a Specter website, it is prohibited to offer a generated document to third parties and thus compete with Specter. Visible and invisible features have been included to identify breach of Specter's rights.
Additional services
If you submit a request for additional work to be carried out by a Partner (you can indicate this during the ordering process), the fee stated in the offer will apply. For example, it is possible to have the document generated by you validated by an attorney based on your specific situation. We recommend that you use this option. In the event that you use the services of a Partner, a separate agreement will be concluded between you and the Partner. If required under the Dutch Money Laundering and Terrorist Financing Prevention Act the Partner will ask you to provide information relevant for identification purposes.
If you opt for 'validation by specialised attorney' the attorney will (i) provide you with comfort about the validity and enforceability of the generated document; (ii) review the choices made in the questionnaire and, where relevant, discuss with you; and (iii) explain the added value of the attorney for your deal process and the terms of his service (including the client acceptance process). Such validation does not include a 'fitness for purpose’ declaration, risk analysis, due diligence investigation or tax advice from the attorney.
Payment
For a document, an additional service or a bundle (with which multiple documents can be purchased at a discount) a fee is payable that is stated in the offer on the Specter website. The reimbursement is always exclusive of VAT.
Payments can only be made via the payment methods that are displayed during the ordering process.
The invoice will only be made available in PDF format and will be sent to you by e-mail.
Liability
Specter is not liable for any damages:
resulting from or in connection with (a) the use of documents prepared using Specter's document generator, (b) the visit to its websites bespecter.nl or bespecter.com, the (partial) generation of documentation on these websites or any other use of the websites (including but not limited to referral to a Partner), or (c) the (partial) inability to do the foregoing as a result of a technical problem or otherwise;
caused by bugs, scripts, viruses or any inaccuracy or incompleteness of what is offered on the websites bespecter.nl or bespecter.com; and/or
that results from the use of electronic means of communication, including but not limited to damage due to failure or delay in the delivery of electronic communication, interception or manipulation of electronic communication by third parties or by computer programs used for electronic communication and transfer of viruses.
This exclusion of liability does not apply insofar as damage is the result of wilful misconduct or gross negligence on the part of Specter.
Without prejudice to the provisions of these general terms and conditions, any liability of Specter for damages terminates one year after you become familiar with the damage and the liability of Specter for it.
The Specter websites contain links to websites that are operated by parties other than Specter. Specter has no control over these websites and is not responsible for the functioning or content of these websites. Specter is not liable for damage or costs, of any nature whatsoever, arising from the use of the information, products or services of third parties, including Partners.
You indemnify Specter against all claims from third parties in connection with your use of (the websites of) Specter and the documents it offers.
Conclusion agreement
The applicability of Section 6:227b subsection 1 of the Dutch Civil Code and Section 6: 227c of the Dutch Civil Code relating to (provision of information and the conclusion of) e-commerce transactions is hereby expressly excluded if the client acts in the exercise of a profession or business.
Language and amendment general terms and conditions
These general terms and conditions have been drawn up in Dutch and English. In the event of a dispute about the content or scope of these general terms and conditions, the Dutch text will be binding.
Specter may amend these terms and conditions at any time.
Governing law and jurisdiction
Dutch law applies to the legal relationship between you and Specter.
All disputes between you and Specter will be submitted to the competent court in Amsterdam, the Netherlands.