1. AGREEMENT TO TERMS AND CONDITIONS
RedMaki Ltd (RedMaki hereafter) owns and offers websites, services and software enabling planning and maintaining appointments (to be called Services hereafter). By registering for RedMaki you agree to be bound by the terms and conditions in this agreement.
RedMaki has the right to modify this agreement by adding, removing or changing terms and conditions. RedMaki will communicate any changes by email to customer accounts or by posting the changes on the RedMaki website. If the customer agrees to the new terms of agreement the agreement is effective immediately. If the customer does not agree to the new terms the customer has the right to terminate the agreement within 14 days after the changes have been sent by email to customer accounts or have been posted on the RedMaki website. If the customer uses RedMaki after this period of 14 days the customer accepts the new terms and conditions.
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2. SCOPE OF THIS AGREEMENT
This agreement applies to the use of the RedMaki Services, including but not limited to, the process through which appointments are scheduled and maintained. You agree that these terms and conditions apply to the use of RedMaki Services.
3. CHANGES IN SERVICES
RedMaki may without any prior notice to customers change, remove or add features to the RedMaki Services.
To access the RedMaki Services you need to register. If you register in name of a company you indicate you are authorized to represent and register the concerned company.
All information you give during registration, onboarding and usage of RedMaki Services must be correct and complete. If this is not the case this is a violation of these terms. You are responsible for securely maintaining your account password. You are also responsible for any actions from your account even if these actions were not known by you or were not authorized by you.
By registering you agree to use the RedMaki Services only for the purpose as advertised on the RedMaki website or any other marketing material published by RedMaki and you have a legal business need to use the RedMaki Services to generate and process online appointments of your clients.
5. PAYMENTS AND CONDITIONS
You agree to pay the subscription fee against the conditions as indicated on the RedMaki website or any other fee as agreed in a separate agreement. Subscription fees paid are non refundable. RedMaki has the right to change subscription fees and payment conditions at any time. RedMaki will communicate any changes by email to customer accounts or by posting the changes on the RedMaki website. If the customer agrees to the new fees and conditions then these are effective immediately. If the customer does not agree to the new fees and conditions then the customer has the right to terminate the agreement within 14 days after the changes have been sent by email to customer accounts or have been posted on the RedMaki website. If the customer uses RedMaki Services after this period of 14 days the customer accepts the new fees and conditions.
6. PAYMENT AND INVOICING
RedMaki invoices all subscription fees on a monthly basis, one month in advance, unless otherwise agreed in a separate agreement.
All amounts on the invoice sent by RedMaki are deemed to be undisputed unless a claim has been made based on article 8 of this agreement.
7. FAILURE TO PAY MONTHLY FEES
If for any reason you fail to pay the subscription amount payable to RedMaki, RedMaki has the right to immediately cancel your RedMaki account and your access to the RedMaki Services.
8. PAYMENT DISPUTE
If you dispute an amount invoiced by RedMaki you agree to inform us within seven (7) days after the invoice date of the concerned invoice.
You are responsible to check all invoices sent by RedMaki. U can dispute an invoice by contacting us through our website. We commit to do our very best to find a timely solution regarding the disputed invoice.
RedMaki has the right to contact you to request feedback on the RedMaki app, RedMaki services and support. RedMaki has the right to contact you via email, phone or text and app messages.
10. INTELLECTUAL PROPERTY
We grant you a license to use the RedMaki Services in accordance with this agreement. You agree to not copy, change or rent out RedMaki Services. Further you agree to not download or replicate the RedMaki Services. RedMaki further reserves all rights regarding the RedMaki Services which are not specifically mentioned in this agreement.
We reserve, without limitation, all copyright, patents and trademarks regarding RedMaki and the RedMaki Services (in total forming the RedMaki Intellectual Property). These are the exclusive property of RedMaki and/or her license partners. RedMaki does not grant any right to the RedMaki Intellectual Property to you.
RedMaki Intellectual Property cannot be used, copied, reproduced, distributed, sent, shown, sold or otherwise exploited without prior consent by RedMaki.
11. CONFIDENTIAL INFORMATION
Confidential information is spoken, written, graphical or machine readable information which has been designated by RedMaki as confidential or otherwise can be deemed confidential. Confidential information includes, but is not restricted to, any information in regards to the features and working of RedMaki.
You agree to not make public or use confidential information without prior consent from RedMaki.
12. CUSTOMER GUARANTEES
It is your responsibility to use the RedMaki Services effectively. By using the RedMaki Services you guarantee to only use the RedMaki Services as advertised on the RedMaki website or in other published material. You also guarantee you have a legitimate business need to use the RedMaki Services to process appointments. You guarantee the supplied contact information like email addresses and phone numbers are valid and active contact information for your company. Any violation of this paragraph will be reason to terminate your account.
13. CUSTOMER RESPONSIBILITIES
You are responsible all appointments made with the RedMaki Services can be fulfilled and for communicating any changes directly to your customers. You are responsible for maintaining all scheduling data, including opening hours, employee data and products and services.
You are also responsible for all equipment needed to run the RedMaki Services.
14. USE OF THE MOBALIZE SERVICES
You agree to not use the RedMaki Services in a way that is illegal or harmful for the RedMaki Services and/or RedMaki. Among other things you agree that you will not or will not allow others::
- Use the RedMaki Services through unauthorized interfaces or protocols;
- To send information which violates third party rights, laws, is insulting, pornographic in nature, violent, racist, discriminating, defamatory or in any other way can be deemed reprehensible;
- To remove or change RedMaki Intellectual Property or to breach the integrity of the RedMaki Services or it’s security or to decode any transmission to or from the RedMaki servers;
- To take any action which will lead to an unreasonable burden on the RedMaki infrastructure;
- To upload invalid data, viruses or any other form of malicious software;
- To use automation, including spiders, robots and crawlers to download from the RedMaki Services, unless specifically allowed by RedMaki;
- To use the RedMaki Services in any way that will disrupt or prevent normal use;
15. GDPR: PROCESSING OF PERSONAL INFORMATION
In accordance with the GDPR guidelines RedMaki has added a data processor agreement to these terms and conditions. The agreement consists of article 15, this article.
In accordance with the GDPR law RedMaki is a data processor of personal information entered in the RedMaki Services. As a customer of RedMaki you are a data controller. Through this agreement you authorize RedMaki to process personal information. You yourself determine the purpose of the data processing.
You, as a data controller, guarantee that you are in compliance with the GDPR law, for instance by keeping a register. You safeguard RedMaki from any liability in case you are not in compliance with the GDPR law.
You give RedMaki permission to work with third parties to process information. RedMaki uses Leaseweb data centers to process and store information.
RedMaki has security procedures to protect personal information. RedMaki performs additional checks periodically to guarantee the safety of the RedMaki Services. Access to the databases is restricted to essential cases.
RedMaki will do what is in its power to inform you of any data breaches that have affected you within 72 hours after ascertaining the breach.
After termination of your subscription and this agreement RedMaki can on request remove personal information as soon as is possible, allowed by law and does not affect RedMaki ongoing business.
Last updated: 19th of March 2019