General Terms and Conditions Enable Now

Article 1 - General

1. These general terms and conditions apply to the services provided by Enable Now B.V., having its registered office in 's-Hertogenbosch, registered with the Chamber of Commerce under number 80220134, hereinafter referred to as: Enable Now.
2. In these general terms and conditions, Client means any legal entity or business with which Enable Now enters into an agreement or to which Enable Now makes an offer.
3. Enable Now holds a licence as referred to in Section 2:3a(1) of the Dutch Financial Supervision Act (Wet op het financieel toezicht, Wft) to conduct the business of a payment institution in respect of payment service 8 as included in the revised Payment Services Directive (PSD2).
4. Enable Now is supervised by De Nederlandsche Bank and is registered under number R183923.

​​Article 2 - Applicability

1. These general terms and conditions apply to all offers, quotations and agreements of Enable Now.
2. These terms and conditions also apply to all subsequent assignments and additional agreements with the same Client.
3. If one or more provisions of these terms and conditions prove to be null and void or voidable, the remaining provisions shall remain in full force and effect.

​​Article 3 - Offers and formation of the agreement

1. An agreement is formed by:
   • (digital) acceptance of a quotation by the Client; or
   • written acceptance (including by email) by Enable Now of an assignment from the Client.

​​Article 4 - Performance of the assignment

1. Enable Now shall perform the agreed activities to the best of its knowledge and ability. This constitutes an obligation to use best efforts.
2. In certain cases, Enable Now depends on external data from banks, financial institutions or the Client itself in the performance of its services. Enable Now has no control over the availability or quality of this data and shall not be liable for it.
3. Enable Now determines, in consultation with the Client, the manner in which the assignment is performed and is entitled to engage third parties for the performance of the activities.

​​Article 5 - Obligations of the Client

1. The Client shall, upon first request and in a timely manner, provide all information necessary for the proper performance of the activities. The Client warrants the accuracy and completeness of this information.
2. The Client shall cooperate with all obligations arising from applicable laws and regulations, including the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme, Wwft).
3. The investigation may include, among other things:
   • identification and verification of the Client;
   • verification of authority to represent the Client;
   • assessment of PEP status;
   • identification of UBOs;
   • establishing the purpose and nature of the relationship;
   • conducting a privacy impact assessment.

​​Article 6 - Price and payment

1. All prices quoted by Enable Now are exclusive of VAT.
2. Unless otherwise agreed, payment must be made within 14 days of the invoice date.
3. If payment is not made within 30 days of the invoice date, the Client shall owe interest of 1.5% per month and extrajudicial collection costs amounting to 15% of the outstanding amount.

​​Article 7 - Intellectual property rights

1. All intellectual property rights relating to software, programs and documentation made available by Enable Now are vested exclusively in Enable Now.
2. The Client's right of use is non-exclusive, non-transferable and may not be pledged.

​​Article 8 - Licence

1. Where applicable, the Client shall obtain a user licence for the duration of the agreement.
2. To the extent necessary, the Client may grant a sublicence to its customers.
3. The Client is not permitted to copy or modify the software or documentation.

​​Article 9 - Use of name and logo

1. The Client grants permission for its name and/or logo to be displayed on Enable Now's website and social media channels for commercial and informational purposes.
2. The Client may withdraw this permission in writing at any time, after which the reference shall be removed.

​​Article 10 - Time limits

1. Any time limits stated by Enable Now are target dates. Enable Now shall use its best efforts to meet them as far as possible.

​​Article 11 - Termination and dissolution

1. The agreement is entered into for a pre-agreed period and is automatically renewed unless terminated in writing no later than one month before the end date.
2. Early termination is not possible unless there is a default or circumstances as referred to in this article.
3. Enable Now is entitled to suspend or dissolve the agreement in the event of default by the Client.
4. Dissolution is also possible in the event of suspension of payments, bankruptcy or liquidation.

​​Article 12 - Complaints

1. Complaints must be reported in writing within 8 days after performance of the activities or discovery of the matter giving rise to the complaint.

​​Article 13 - Privacy

1. Enable Now handles personal data with due care. More information is included in the privacy statement on the website.
2. If an account information service is provided, additional arrangements shall be made in a Data Exchange Agreement, which forms part of the agreement.

​​Article 14 - Liability and indemnification

1. Enable Now's liability is limited to the amount paid out by its insurer.
2. If no insurance payment is made, liability is limited to direct loss up to a maximum of EUR 10,000 or the remaining contract value, if lower.
3. Enable Now shall not be liable for indirect loss.
4. These limitations do not apply in the event of intent or deliberate recklessness.
5. The Client shall indemnify Enable Now against claims by third parties arising from the performance of the agreement.

​​Article 15 - Governing law and disputes

1. All agreements are governed by Dutch law.
2. Disputes shall be submitted to the competent court in the district in which Enable Now has its registered office, unless Enable Now decides otherwise.