mail@revenueradar.app
“Spanjaard Advice Agency” refers to Spanjaard Advice Agency B.V., operating under the name Revenue Radar, located at Segment 3, 6921RC Duiven, the Netherlands.
“Spanjaard Advice Agency Service” denotes the software applications developed by Spanjaard Advice Agency and the online services offered to Users to aid their commercial operations.
“User” signifies the contractual partner of Spanjaard Advice Agency who utilizes a Spanjaard Advice Agency Service.
“User Agreement” represents the contractual arrangement between the User and Spanjaard Advice Agency, covering the primary and additional services and obligations to be met by both Parties. This agreement includes the terms and conditions in the form of General Terms and Conditions and the specific selection of the Spanjaard Advice Agency Service package.
“Spanjaard Advice Agency Materials” refers to materials such as APIs, documentation, and software libraries provided by Spanjaard Advice Agency in various formats or media for the purpose of using the Spanjaard Advice Agency Service.
“Case” refers to an Error Finding that Spanjaard Advice Agency identifies and records.
“Parties” means the User and Spanjaard Advice Agency.
Spanjaard Advice Agency B.V. provides software applications and online services (Spanjaard Advice Agency Service) accessible via the Internet, including through the domain “revenuerdar.app,” which assist Users in their commercial activities. The provider of the Spanjaard Advice Agency Service is Spanjaard Advice Agency B.V., located at Segment 3, 6921RC Duiven, the Netherlands.
These Terms and Conditions apply to all business relations, including future ones, between the User and Spanjaard Advice Agency. Any differing, conflicting, or supplementary terms and conditions of the User (e.g., terms and conditions of purchase) will not be incorporated into the agreement unless their validity is expressly confirmed upon the conclusion of the agreement. Any reference to the User’s general terms and conditions of business in commonly used forms is expressly rejected.
The User Agreement pertains to the provision of the Spanjaard Advice Agency Service, enabling the User to utilize its functionalities. The scope of the Spanjaard Advice Agency Services is determined by the specific service package selected by the User.
To use the Spanjaard Advice Agency Service, the User must have an Internet connection, an Internet-capable device, and an up-to-date Internet browser, all at the User's expense.
The User must also have sufficient access authorizations to the relevant platforms. These access authorizations must be provided to Spanjaard Advice Agency to use the service. Upon termination of the contractual relationship, the User must remove these access authorizations.
The User is solely responsible for the creation, maintenance, and removal of these requirements.
The agreement does not guarantee the achievement of any particular success. Spanjaard Advice Agency only offers the possibility of utilizing certain services, and the successful use of these services is solely the User's responsibility.
The use of the Spanjaard Advice Agency Service is only possible within the framework of a User Agreement. Such an agreement can only be concluded by entrepreneurs, legal entities under public law, or special funds under public law.
When entering into a User Agreement, the User must provide truthful information about themselves and their company and keep this data updated at all times.
For certain services, Spanjaard Advice Agency initially offers free User Agreements with a limited term, possibly limited in scope and intended for testing purposes only. In this case, providing the registration form by Spanjaard Advice Agency constitutes an offer to conclude such an agreement. The User accepts this offer by completing and submitting the form using the provided button.
Spanjaard Advice Agency also offers User Agreements that require a fee. The User can view and select the available service packages in their User account. This selection option is a binding offer to conclude a fee-based agreement, which the User accepts by selecting the package and confirming it with the corresponding button.
Before submitting the contractual declaration, the User can check and correct their details by modifying the relevant fields. The User can also review and change the selected services by clicking on the appropriate selection boxes.
Spanjaard Advice Agency will immediately notify the User of the receipt of the contractual declaration by sending an activation confirmation via email.
The Spanjaard Advice Agency Service is provided to the User upon registration for free User Agreements and upon activation by Spanjaard Advice Agency for fee-based User Agreements.
Each individual user within a User account must be created separately (single user account); the use of a single user account by multiple individuals is not permitted.
The transfer point for the provision of the Spanjaard Advice Agency Service is the router exit of the Spanjaard Advice Agency data center. Spanjaard Advice Agency guarantees an availability of the Service at the transfer point of 98% on an annual average.
Spanjaard Advice Agency grants the User a simple, non-sublicensable, and non-transferable right to use the Spanjaard Advice Agency Service for their own business purposes during the term of the agreement. The User is not entitled to any rights beyond those explicitly granted. Specifically, the User cannot permit third parties to use the Spanjaard Advice Agency Service or provide services to third parties through the Service, except for service providers directly working for the User.
Creating and publishing videos or screenshots of the User interface of the Spanjaard Advice Agency Service is only allowed with prior consent from Spanjaard Advice Agency.
If any databases or database works are created on Spanjaard Advice Agency’s server during the term of the User Agreement, the User shall be entitled to all rights to these databases or works. The User will retain these rights even after the agreement ends.
If the User suggests any improvements to the Spanjaard Advice Agency Service or the materials created by Spanjaard Advice Agency (Spanjaard Advice Agency Materials), all rights, title, and interest in and to the User’s suggestions shall transfer to Spanjaard Advice Agency, even if the User has marked the suggestions as confidential. The User grants Spanjaard Advice Agency an irrevocable, royalty-free, worldwide right and license to use, disclose, reproduce, modify, transmit, distribute, and make available its proposals in any manner during the term of the Spanjaard Advice Agency agreement and for as long as the User is permitted by applicable law to grant such a license. The User agrees to assist Spanjaard Advice Agency in documenting, completing, and maintaining its rights in the User’s proposals.
The User agrees that Spanjaard Advice Agency may create its own applications, content, and other products or services that compete with or are similar to those created by the User.
Nothing in these Terms and Conditions shall be interpreted as limiting or preventing Spanjaard Advice Agency from creating or using such applications, content, or other products or services.
The User further agrees that no obligation, whether financial or otherwise, shall arise to the User from Spanjaard Advice Agency in such cases.
When the use of the Spanjaard Advice Agency Service is subject to a fee, the price is based on the information in the respective price list. Current prices are available at
“revenueradar.app.” All prices are subject to the statutory value-added tax unless specific EU provisions apply.
For prices linked to the scope of use of the Spanjaard Advice Agency Services in connection with a specific platform (Repricer), the following applies: If the User prevents access to the trading platforms, thereby impairing Spanjaard Advice Agency’s basis for billing, remuneration will be calculated based on the invoice average of the preceding three months. If fewer than three months have passed since the beginning of the agreement, the average of the preceding period will be used for the calculation.
For prices linked to the scope of work results of the Spanjaard Advice Agency Services in connection with a specific platform (Lost & Found), the following applies: Costs will only be incurred for new Cases not yet known to the User. The User must provide proof that the Case is already known. Generally, costs are incurred when Amazon initiates a refund to the User. However, Spanjaard Advice Agency is entitled to demand partial payments for costs incurred in the event of reimbursement by Amazon.
Regardless of the payment by Amazon, costs will also be incurred if the User does not notify Amazon of a refund or fails to do so within 30 days from the date of discovery. If an earlier deadline than 30 days is determined by Amazon, this date will be decisive for the expiry of the entitlement. The basis for calculating the refund amount is the respective payout amount stated by the platform. If this payout amount cannot be determined, the current sales price less the platform fees will be used for the calculation. Cases in which the User does not respond to inquiries from Amazon within 7 days or fails to forward inquiries from Amazon to Spanjaard Advice Agency, thereby preventing a response, are equivalent to non-reporting to Amazon.
The User chooses access data for using the Spanjaard Advice Agency Service. The User is required to keep this access data confidential and must inform Spanjaard Advice Agency immediately if the access data is lost or used unauthorizedly by third parties. The User is not permitted to share access data with third parties. Spanjaard Advice Agency has the right to block access data if there is suspicion of unauthorized use or misuse.
The User may only use the Spanjaard Advice Agency Service for their own business purposes.
The User is required to regularly back up the data stored in the Spanjaard Advice Agency Service by downloading it, at least daily.
If the Spanjaard Advice Agency Service provides interfaces to third-party systems, it is the User's sole responsibility to check the incoming or outgoing data for consistency, completeness, correctness, and up-to-dateness.
If the User discovers that the Spanjaard Advice Agency Service is not functioning properly, they must inform Spanjaard Advice Agency immediately in written form. The User is also obliged to undo any undesired changes to their offers on the trading platforms to minimize any potential damage.
The Parties agree to adhere to the relevant data protection regulations, particularly those applicable in the Netherlands and the European Union. If a party operates within the EU but is domiciled in a third country, it must comply with EU legal requirements.
If the User collects, processes, or uses personal data of third parties, the User guarantees that they are authorized to do so in accordance with applicable provisions, especially data protection regulations, and will indemnify Spanjaard Advice Agency against claims from third parties in case of a violation.
Spanjaard Advice Agency informs that processing personal data of third parties via Spanjaard Advice Agency typically constitutes processing on behalf of the data controller. Spanjaard Advice Agency provides a model agreement for such data processing on behalf of the controller.
Spanjaard Advice Agency has the right to anonymize and statistically analyze User data for its own purposes, including advertising and the further development of Spanjaard Advice Agency Services.
Spanjaard Advice Agency assumes unlimited liability towards the User in cases of intent or gross negligence, for all damages caused by itself, its legal representatives, or vicarious agents.
In cases of slight negligence, Spanjaard Advice Agency assumes unlimited liability for damages to life, limb, or health.
In all other cases, Spanjaard Advice Agency's liability is limited to breaches of essential contractual obligations. Essential contractual obligations are those obligations crucial for achieving the purpose of the agreement, and whose breach could jeopardize achieving that purpose if culpably breached. In such cases, liability is limited to compensation for foreseeable damages that typically occur.
Spanjaard Advice Agency shall not be liable for indirect damages, including but not limited to lost profits or savings, consequential damages arising from defects, or damages originating from the User's or third parties' application environment or telecommunications infrastructure.
The agreement for free-of-charge use begins upon conclusion of the agreement and continues for the specified term, allowing either party to terminate without notice.
For fee-based use of the Spanjaard Advice Agency Service, the agreement begins upon activation by Spanjaard Advice Agency and runs for the specified fixed term. If not deactivated using the online deactivation function before the end of the term, the agreement will automatically renew for the same term. Spanjaard Advice Agency will promptly confirm deactivation.
If an indefinite agreement is in place, termination can be initiated at any time by using the provided online checkbox, with confirmation sent by Spanjaard Advice Agency via email. Termination by Spanjaard Advice Agency must be in text form where legally permissible.
Both parties reserve the right to terminate immediately for justifiable cause, requiring communication in text form.
Termination notices to Spanjaard Advice Agency by email should be sent to mail@revenuerdar.app.
Should the User unilaterally cease using the Spanjaard Advice Agency Service before the agreement's term expires, the obligation to pay fees remains unchanged.
If the User falls significantly behind in monthly payments or other obligations, Spanjaard Advice Agency may suspend Service access until full payment is received or refuse further use. The right to terminate for justifiable cause remains unaffected.
If Spanjaard Advice Agency terminates a fixed-term agreement after warning the User about other breaches or sets a deadline for overdue payments, the User must pay a lump sum as compensation equivalent to the remaining contract term's monthly costs. No warning is required if the User reverses a direct debit, allowing Spanjaard Advice Agency to terminate without warning. The monthly costs are based on the average invoice of the preceding three months. If less than three months have passed since the agreement began, the preceding period's average is used. Both parties retain the right to demonstrate higher, lower, or no damage occurred in this context.
Spanjaard Advice Agency reserves the right to reasonably modify provisions related to the services provided, considering technical requirements and market conditions, as long as such modifications are fair to the User.
Changes to these General Terms and Conditions will be published on the domain "revenueradar.app". The User will receive notification in written form regarding changes to the Terms and Conditions that do not fall under paragraph 1. These changes will take effect unless the User objects in written form within 14 days of receiving the notification. The User will be informed of the implications of their silence along with the notice of changes. If the User objects to the changes, Spanjaard Advice Agency may terminate the agreement, effective at the end of the current term. If Spanjaard Advice Agency chooses not to terminate, the agreement will continue under the existing conditions.
Spanjaard Advice Agency has the right to transfer rights and obligations from the contractual relationship, in whole or in part, to a third party with a notice period of four weeks. In such cases, the User has the right to withdraw from the User Agreement.
The law of the Netherlands governs this agreement. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
If the User is an entrepreneur (engaged in commercial activities), a legal entity under public law, or a special fund under public law, any disputes arising from this agreement shall exclusively be settled at Spanjaard Advice Agency's place of business in Duiven. This also applies if the User does not have a general place of jurisdiction in the Netherlands or if their residence or habitual abode is unknown at the time legal action is initiated.
Copyright © 2024 Spanjaard Advice Agency. All rights reserved.
mail@revenueradar.app
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