Terms & Conditions for users

1.1 Which definitions do We use in this document?

Terms and definitions sometimes contain terms that may not be easily understood by everyone. Because We think it’s important that our terms and conditions for users are understandable for anyone, We will explain the most important concepts first.

Subscriber: a natural person or legal entity who is part of an agreement with Vidua. The subscriber enters into an agreement with Vidua on behalf of one or more Certificate Holders. At the domain Citizen, subscribers and Certificate Holders are always the same party.

Terms and conditions for users: the arrangements described in this document, that apply to all the services provided by Vidua.

Cleverbase: The qualified trust service provider with whom Subscriber enters into an agreement to provide trust services. Cleverbase is the organization behind Vidua.

User: also known as end-user. A natural or legal person who is in possession of a Vidua certificate, but can not issue Certificates themselves.

PKIoverheid: the Public Key Infrastructure (PKI) provided by the Dutch government, which serves to issue and manage electronic Certificates.

Trust Service Provider or TSP: a natural or legal person who issues Certificates, and provides other services regarding electronic signatures. A TSP's main purpose is to provide Certificates and key information. A TSP will also be ultimately responsible for the delivery of the certification services. Cleverbase is a Trust Service Provider acting under the name Vidua.

Relying Party: any natural or legal person who receives a certificate and/or acts in reliance on that certificate.

Vidua: Qualified Trust Service Provider Cleverbase ID B.V. who provides services to the User under the brand name and trademark Vidua, located at Maanweg 174, 2516 AB, The Hague and registered with the Dutch Chamber of Commerce (KvK) under number 67419925.

1.2 Hierarchy of documentation

This document is written with due care. However, in case of disputes between documentation, the following hierarchy exists:

1. The certification practice statement
2. PKI disclosure statement
3. The terms & conditions for users in Dutch
4. The terms & conditions for users in English
5. The product conditions in Dutch
6. The product conditions in English
7. Other public outings by Cleverbase

4.1 Free services

For free services just as for paid services, Vidua will never share personal data in any form with third parties without the explicit consent of the user and only as an intrinsic part of the service provided.

4.2 Paid services

If applicable, the fee that you have to pay for a paid service is communicated in advance. The fee amount is included in the subscription agreement for the specific service.

4.3 Fee change

Vidua may change the rates for paid services during the term of the subscription agreement. As a subscriber, you will be informed by Vidua about any changes, no later than three months before the rate change takes place. If you do not agree with the rate increase, you have to inform Vidua at least one month before the rate change will take place. The termination will then take place when the rate change occurs.

4.4 Other payment stipulations

All taxes, impositions, and such - under whatever name and imposed by whomever - which is related to the relationship between you as a subscriber and Vidua are at the expense of the subscriber, unless otherwise agreed in writing or a provision of mandatory law regulation.

Vidua has a standard term of payment of 14 days. If you, as a subscriber, fail to settle a claim after a reminder or notice of default, Vidua has the right to suspend the services until all outstanding claims of obligations have been done. Vidua shall then also have the right to hand over the claim. All costs incurred by Vidua for this purpose, such as: collection and administration costs, judicial or extrajudicial costs, and costs to be made for legal assistance and legal advice, shall in that case be at your expense as subscriber.

5.1 Personal data

As far as Vidua processes personal data, it processes them for the User. The purpose of processing the personal data by Vidua is to execute the agreement with the User. Moreover, Vidua will comply with the applicable laws and regulations regarding privacy. In doing so, Vidua acts as set out in the privacy statement, which can be consulted via: https://cleverbase.com/privacy-statement/.

Without permission of the User, Vidua will not provide any information or personal data to third parties, unless Vidua is obliged to do so by a court of law due to a statutory obligation.

5.2 Confidentiality

Vidua undertakes to keep secret all information provided by you, the User. Only if Vidua is obliged by law or by a court of law to share this information, then We are no longer obliged to keep this information secret. Vidua also makes an exception to the secrecy obligation if the information is important to Vidua in the conduct or outcome of legal proceedings, including the disciplinary judge, criminal judge or civil judge.

5.3 Availability of services

Vidua will do what is commercially reasonable to ensure availability and access to its services. However, Vidua does not guarantee that these services will be continuously available, accessible and error-free.

As Vidua, We will endeavour to take the necessary measures to ensure that the use and availability of our services, online applications and other applications as much as possible can be guaranteed. In order to guarantee the use and availability as much as reasonable, Vidua will (temporarily) block or deactivate the services, online applications and other applications, or limit their use. In case this is necessary from time to time to perform preventive or regular maintenance or upgrades. Vidua may also (temporarily) block the use and availability or disable it, if there is an actual or suspected security breach, or another emergency situation. In all these cases, you as the User have no right to claim damages from Vidua.

6.1 Correct and complete information

As a User, you guarantee the correctness and completeness of the information provided by you or on your behalf as User to Vidua. This applies at all times, i.e. during registration as well as during the use of the service(s). If it is the case that certain information is incorrect or incomplete, Vidua has the right to change the information. Vidua has the right to withdraw your registration as a User or to stop or change the supply of services. Vidua may at its own discretion determine which of the before mentioned measures in this case. Vidua will determine this in all reasonableness.

6.2 Safe usage

You are responsible for the correct and safe use of Vidua services. Safe use means:

• Keeping your PIN secret.
• Prevent others from accessing the Vidua app installed on your mobile phone.
• Use of a sufficiently modern mobile phone and corresponding operating system. We state the minimum requirements on our website.
• Keep the software you use Vidua on safe and up to date. (for example: use of virus software, timely updating of operating programs and other security measures, use of secure network (connections)).

6.3 Other rules regarding the services

The User will ensure that there will be no improper or illegitimate use of the services. In any case, they will ensure that no action is taken in violation of the law or regulations, that no one is involved in committing criminal offences, and that no one is damaging the reputation or integrity of Vidua.

The User's rights under these terms and conditions for users are non-transferable.

6.4 Relying party

A relying party is the recipient of the result of a Vidua trust service. A relying party is responsible for determining whether this result is sufficient for the purpose for which it intends to use it. It is also recommended that the relying party takes into account the Terms and Conditions and any additional product conditions.

7.1 User’s right of withdrawal

After you’ve become a User of Vidua, you have the opportunity to revoke your registration as a user in the first 14 days after your registration. Furthermore, if you have indicated and explicitly declared that you would like to purchase a subscription service from Vidua, you also have a right to withdraw within 14 days. In doing so, you, as a User, also declare that you now waive your right of termination as soon as Vidua has fulfilled the agreement.

If, as a User, you utilise your 14-day right of withdrawal, We refund the administration costs for registering as a User. Vidua reserves the right to charge variable costs in case you do not have made normal use of the registration or services of Vidua. This includes, for example, excessive use of the platform and/or the services of Vidua, which could cause our network or platform to become overloaded, or in case We can offer less service and quality to other Users because of the overload.

7.2 User’s term of notice (other than the right of withdrawal)

In case you are a User of Vidua, you must take into account the following termination procedure: after We have received your termination request and this has been confirmed by Vidua by email, the subscription agreement will be terminated within one month after you have received the confirmation from us. Any amounts paid in advance will be charged and, if applicable, settled and refunded according to the period used.

7.3 Termination by Vidua

Vidua is entitled to discontinue service with the User when any of the following situations occur:

• if you fail to fulfil your obligations under the subscription agreement(s);
• if you have provided incorrect or incomplete information;
• if you as a User misused the services provided to you by Vidua;
• if you committed criminal or unlawful acts through the services of Vidua;
• if the manner in which you use the services of Vidua may lead to disruptions, disabling or limiting the availability or access of the Vidua services, or that Vidua might suffer damage as a result.

In certain situations you will no longer be a User of Vidua, due to circumstances on the part of Vidua. This is in the event that Vidua stops providing its services due to changes in laws or regulations, or in case there are technical or business reasons.

8.1 Modification of general terms and conditions for users

Vidua may be required to change its services or parts of its services due to new laws or regulations. If Vidua has to make this change to its services or other significant changes to its terms and conditions for users, We will inform you as a User in advance via the website www.vidua.nl. These changes will then apply with effect from 30 calendar days after Vidua has informed you.

Vidua also reserves the right to make changes or adjustments to the Terms and Conditions for users. If We decide to make such significant changes or additions, We will inform you as User in advance via the website www.vidua.nl. This amendment will then apply with effect from 30 calendar days after notification to you as a User, for all the current subscription agreements and for all the services still purchased by you.

When it occurs that certain conditions or agreements in these general conditions are not valid or can be destroyed, then that does not affect the validity of the other conditions and agreements described here. For the condition or agreement that is then no longer valid, Vidua shall have the right to propose a new condition and agreement that comes as close as possible to the content and purport of the previous agreement.

Deviation from these conditions is only possible if Vidua confirms this in writing in advance. What is then agreed upon in writing between Vidua and the User, and deviates from what has been determined here, will prevail. The rest of the conditions that are not deviated, will continue to exist and be valid.

8.2 Liability, risks and force majeure

Vidua shall only be liable for damages suffered by the User or Relying Party due to use of or reliance on Vidua, when that damage is caused by a failure attributable to Vidua in complying with these general conditions. Vidua excludes all liability for indirect damages suffered completely. Think for example of consequential damage and/or loss of profits such as reduced goodwill, lost profits or missed savings. The liability of Vidua is limited to the amount of €50.000 per case.

If you, as a User, have a dispute with a third party and as a result of this dispute Vidua becomes involved in a seizure or procedure, then you as User will have to reimburse all costs that Vidua suffers as a result of this reimbursement.

For the sake of completeness, Vidua explicitly states that it is not liable for all other forms of damage. In particular, Vidua is not liable for damage regarding Certificates issued or managed by it, and also not for damage which has been caused by incorrect use by the User.

If you, as a User, assert that you are entitled to compensation, you must inform Vidua as soon as possible by email, after the damage has occurred. If you, as a User, do not report this to Vidua within three (3) months after the damage arose, then your claim for compensation expires.

As a User, you indemnify Vidua against all claims of third parties. In particular, as User you indemnify Vidua for claims of third parties for damage caused by a product that has been supplied by you as User in which a part or whole of services has been provided by Vidua. Unless you as a User can prove that the damage was caused by what Vidua delivered.

If Vidua is temporarily unable to perform its services and agreements due to force majeure, then Vidua has the right to suspend its services for the duration of the force majeure. In this case Vidua understands force majeure to include all circumstances that hinder the performance of the services which Vidua cannot do anything about to remedy this. If, due to force majeure, it is not possible for Vidua to perform its services, Vidua will have the right to terminate the registration and/or subscription agreement(s) with you as a User in whole or in part. In doing so, Vidua cannot be obliged or compelled by the User to pay damages or a penalty.

8.3 Intellectual property

The intellectual and industrial property rights, such as copyrights and trademark rights, which (might) rest on the services provided by Vidua to the User, remains the property of Vidua under all circumstances. This also applies to all websites, software devices, materials or other documents that are in any way connected with these services and rights. If there is a question concerning a transfer of intellectual or industrial property rights from Vidua to the User, then this will always have to be explicitly stated in advance and in writing in an agreement. Vidua indemnifies the User from claims by third parties regarding possible infringement of intellectual property rights by Vidua.