Terms and conditions for Casting42.com

The service "Casting42.com" is offered over the internet in the form of Software-as-a-Service by the company Kempen Automatisering. The use of Casting42.com is subject to the below terms and conditions. Using Casting42.com constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Kempen Automatisering.

The NLdigital Terms and Conditions, filed with the Dutch court Midden-Nederland, location Utrecht, apply to all our offers and contracts. These terms and conditions are attached hereto. You hereby agree that these terms and conditions are sent to you in electronic form. At your request we will send you these terms and conditions again free of charge.

1. Use of the service
   1. The service Casting42.com allows you to publish a profile for yourself, participate in online discussions and get in contact with other users. Kempen Automatisering does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.
   2. To use Casting42.com, you first need to register. After completing registration, you can directly log into your account and use the service.
   3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Kempen Automatisering may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Kempen Automatisering that someone else knows your password.
   4. Casting42.com processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Kempen Automatisering for more information.
2. Terms of use
   1. It is not permitted to use Casting42.com for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
   2. In particular it is not permitted to create profiles on Casting42.com under the names of other people or to pretend to be another person, or a moderator/maintainer of Casting42.com.
   3. In addition, on Casting42.com it is forbidden to
      • use indecent language;
      • publish information where it is unwanted (offtopic);
      • publish information that is pornographic or erotic (even if legal under applicable law);
      • publish information in violation of copyright or hyperlinks to such information;
      • assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
      • violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
      • exercise commercial activities;
      • and to do anything that violates applicable netiquette.
      • Store talent & casting data in any shape or form without consent of the concerned talent.
      • Store talent & casting data of people younger than 18 without consent of a legal guardian.
      • Store talent data after the talent has withdrawn their consent to store any profile data.
   4. Should Kempen Automatisering discover that you violate any of the above, or receive a complaint alleging the same, then Kempen Automatisering may intervene to end the violation.
   5. If in the opinion of Kempen Automatisering the continued functioning of the computer systems or network of Kempen Automatisering or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Kempen Automatisering may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
   6. Kempen Automatisering is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Kempen Automatisering is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
   7. Kempen Automatisering may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Kempen Automatisering from all third-party claims arising out of your violation of these terms of use.
3. Availability and maintenance
   1. Kempen Automatisering makes no promises regarding availability of the service.
   2. Kempen Automatisering actively maintains Casting42.com. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
   3. Kempen Automatisering may from time to time adapt Casting42.com. Your feedback and suggestions are welcome but ultimately Kempen Automatisering decides which adaptations to carry out (or not).
4. Intellectual property
   1. The service Casting42.com, the accompanying software as well as all information and images on the website is the intellectual property of Kempen Automatisering. None of these items may be copied or used without prior written permission of Kempen Automatisering, except and to the extent permitted by mandatory law.
   2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Kempen Automatisering receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
   3. If you send information to Kempen Automatisering, for example a bug report or suggestion for improvement, you grant Kempen Automatisering a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
   4. Kempen Automatisering shall refrain from accessing data you store or transfer using Casting42.com, unless this is necessary for a good provision of the service or Kempen Automatisering is forced to do so by law or order of competent authority. In these cases Kempen Automatisering shall use its best efforts to limit access to the information as much as possible.
5. Compensation for the service
   1. The use of Casting42.com is subject to a fee which is due every month. The fee must be paid in advance.
   2. Payment is possible by making a wire transfer to the account of Kempen Automatisering, via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.
   3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
6. Limitation of liability
   1. Except in case of intentional misconduct or gross negligence the liability of Kempen Automatisering shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
   2. Kempen Automatisering in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
   3. Damages may only be claimed if reported in writing to Kempen Automatisering at most two months after discovery.
   4. In case of force majeure Kempen Automatisering is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
7. Term and termination
   1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
   2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
   3. Kempen Automatisering is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Kempen Automatisering shall first send a reminder mail to the e-mail address connected to your account.
   4. Upon request and payment of an additional fee Kempen Automatisering may provide you with a copy of the data stored using the service. Contact us for options and costs.
8. Changes to terms
   1. Kempen Automatisering may change or add to these terms and conditions as well as any prices at any time.
   2. Kempen Automatisering shall announce through the service changes or additions at least thirty days before their taking effect.
   3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Casting42.com after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
9. Miscellaneous provisions
   1. Dutch law applies to this agreement.
   2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Casting42.com shall be brought before the competent Dutch court for the principal place of business of Kempen Automatisering.
   3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Casting42.com service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
   4. The version of any communication of information as recorded by Kempen Automatisering shall be deemed to be authentic, unless you supply proof to the contrary.
   5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
   6. Kempen Automatisering is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Casting42.com or the associated business activities.

Service Level Agreement

Introduction

This document contains the Service Level Agreement (“SLA”) of Kempen Automatisering V.O.F., having its place of business at Arendstraat 37 in Hilverum, registered in the Chamber of Commerce under number 34169784 (hereafter: “Kempen Automatisering”) for Casting42.com (hereafter: “the Services”). The purpose of this SLA is to specify the service level for the Services. This is achieved by specifying performance standards, as well as the consequences in the event these standards would not be met. The SLA enters into force on the date of delivery of the Services and will stay in effect for as long as the Services are supplied to the customer.

Service level

The following elements determine the service level of the Services and are covered by this SLA.

• Availability
• Backup
• Updates
• Customer support

Availability

The availability of the Services is 99,5% of the time measured per month. The availability of the Services is a effort commitment. The availability is measured by the supplier.

Backup

Kempen Automatisering makes backups of the data of the customer that is processed in the Services and the configurations of the Services, at least once per day. The backups are stored for a week. It will not be verified whether every backup has been created correctly. . It is not possible to restore backups of the data of the customer into the Services upon the customer’s request.

Updates

Updates are rolled out as often as we can and find necessary.

Customer support

Customer support can be requested via:

• Email: info@kempenautomatisering.nl

Opening times of the customer service are: Mon - Fri between 9:30 and 17:30

Claiming compensation

Kempen Automatisering will actively monitor whether the performance standards in this SLA have been met and will, at its own initiative, apply the appropriate compensation in the event Kempen Automatisering has become aware that a performance standard has not been met.

The following data processing agreement applies as an appendix to Our Terms & Conditions. Download our Data processing agreement.