Print.one 

Print.one BV trading under the name Print.one (see also 'identity of the entrepreneur')

Print.one API

Application Programming Interfaces (APIs) are a way for one program to communicate with another. API calls or API requests are the medium through which they communicate. Print.one API refers here to the online system of Print.one that can receive, process and execute automatic orders/assignments ('API calls').

API call

An API call (or API request), is a message sent to a server requesting an API to fulfill an order.

API key

Authentication key that must be sent in every API call.

Order

In this context, an order is understood to mean: sending an API call to the Print.one API consisting of data that is used for authorization and to compile, print and send a mail item.

Day(s)

Calendar day(s).

Business day(s)

Business day(s), monday to Friday, excluding national holidays.

Data

Personal data, text, images and other files that the client provides to Print.one for the purpose of the mail item to be printed and sent.

Service(s)

Print.one's service(s), such as processing, printing and/or inserting one or more mail items on the basis of the design and data supplied by the client, and then sending the relevant mail item(s) by postal service.

Agreement 

The agreement between Print.one and the client that is concluded by means of an order via the Print.one API or the Print.one website. The agreement can also be concluded by registering for and/or logging in to and/or using the Print.one online software.

Client/customer

The client or customer, being a natural person or legal entity, whether or not acting in the exercise of a profession or business.

Postal service(s)

Institution for the transport and delivery of postal items, such as (but not limited to) PostNL.

Mail item(s) 

The processed, printed and/or enveloped product(s), which are offered by Print.one to a postal service for mail transport at the expense of the client.  

Mail transportation 

The set of actions performed by a postal service to deliver postal items to the address indicated by the client.

Website

Print.one's website and online systems, such as (but not limited to) the Print.one API. 

Applicability

These general terms and conditions - like the processing agreement - form an integral part of every agreement regarding services between Print.one and its client.

These general terms and conditions apply to every order accepted by Print.one, including any follow-up order and new orders (or assignments). In addition, these terms and conditions apply to every offer and quotation from Print.one.

These general terms and conditions are made available to the client electronically via the Print.one website and can be consulted and stored by the client at any time. By registering for / logging in to / using the systems of Print.one, the client declares that he is aware of and agrees with these general terms and conditions.

Deviations from and/or additions to these general terms and conditions are only possible if agreed in writing with Print.one. General terms and conditions of the client are expressly rejected without this agreement.

The general terms and conditions of the relevant postal service (such as PostNL, for example) apply in full to postal transport.

If a circumstance arises between the parties that is not regulated in these general terms and conditions, it must be assessed in accordance with the spirit of these general terms and conditions.

If Print.one does not always require strict compliance with these conditions, this does not mean that the provisions thereof are not applicable. In such cases, Print.one in no way loses the right to immediately demand strict (and punctual) compliance with the provisions of these terms and conditions.

If any article of these general terms and conditions should be void or destroyed, that article will be replaced by a provision that comes as close as possible to the intention of the void or destroyed article. The other articles of these general terms and conditions will remain in full force in such cases. 

Identity of the entrepreneur

Print.one BV  
Emmawijk 11
8011 CM Zwolle  

E-mail: info@print.one

CoC (KvK) number: 69588686

VAT (BTW) number: NL857930011B01

Formation and duration of the agreement 

The agreement is concluded as soon as Print.one receives an order from the client and executes it.

Print.one is entitled, at its own discretion, to carry out an acceptance check with regard to the creditworthiness of the client. Accordingly, Print.one has the right to refuse the client and/or (an) order(s) from the client or to impose further conditions.

Unless otherwise agreed, all agreements are entered into for a period of one (1) month. Without written or electronic notice from the client before the end of the month in question, agreements will be tacitly renewed for the duration of one (1) month. There is no notice period.

Pricing  

Print.one is entitled to change the prices of the services offered unilaterally without prior notice. Interim price changes with regard to orders already accepted will not be charged to the detriment of the client.

In the case of an ongoing agreement, price increases will not take effect earlier than one (1) month after Print.one has made this known to the client in writing or electronically.

If the client does not wish to agree to an adjustment of prices and rates made known by Print.one, the client is entitled to terminate the agreement in writing within fourteen days after the said notification.

The prices stated on the website are shown in Euros (€) and are exclusive of VAT. 

Payment, suspension and collection  

Payment is made by debiting the prepaid balance paid in advance by the client. If the prepaid balance is not sufficient to cover the costs, the client must supplement the prepaid balance. Prepaid balance has an unlimited shelf life, provided it is actively used. If the client has not made any payments with his prepaid balance for 2 years, the remaining prepaid balance will be forfeited. Prepaid balance can be refunded at the request of the client, unless it has expired.

In all other cases, payment is made by invoice.

Payment of amounts due must be made within fourteen (14) days after the invoice date.

In the event of non-payment or late payment of an invoice, Print.one is entitled to suspend its work for the client immediately, without Print.one becoming liable for damages to the client in any way.

In the event of non-payment or late payment of an invoice, statutory interest will be due on the outstanding amount due to the mere expiry of the payment term, without notice of default being required.

If the client does not pay an invoice on time and/or in full, and then (after a reminder) is in default, all extrajudicial costs incurred in obtaining payment will be borne by the client. The extrajudicial costs amount to at least fifteen (15) percent of the outstanding amount with a minimum of one hundred (100) euros. Any judicial and execution costs incurred will also be borne by the client. Statutory interest is also due on all costs mentioned above.

Print.one has the right to have the payments made by the client go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Print.one can, without being in default, refuse an offer for payment if the client designates a different order for the allocation of the payment. Print.one can refuse full repayment of the principal sum, if the outstanding and accrued interest and collection costs are not also paid.

The Client is under no circumstances entitled to set off the amounts owed by him to Print.one. Objections to the amount of an invoice do not suspend the payment obligation.

Payment Method Storage and Usage

We understand the importance of convenience and efficiency in payment processing. With your explicit consent, we may securely store your payment method details for future transactions. By opting in, you authorize us to initiate payments on your behalf for specified transactions.

Initiation of Payments

Upon opting in, you agree to our initiation of payments or a series of payments as per your instructions or agreed-upon terms. These payments may include scheduled installments, subscription fees, or unscheduled top-ups, depending on the nature of the service provided.

Timing and Frequency of Payments

We are committed to transparency regarding the timing and frequency of payments. This includes clearly communicating whether charges are for scheduled installment payments, recurring subscription fees, or ad-hoc top-ups. Any changes to the timing or frequency of payments will be communicated to you in advance.

Determination of Payment Amount

The payment amount will be determined based on the agreed-upon terms of the transaction or service. We will provide clear and detailed information regarding the calculation of payment amounts, ensuring transparency and clarity for our customers.

Subscription Service Cancellation Policy

For subscription services, we offer a flexible cancellation policy. You may cancel your subscription at any time, and we will cease initiating payments on your behalf accordingly. Please note that cancellation may be subject to certain terms and conditions outlined in your subscription agreement.

Security and Privacy

We take the security and privacy of your payment information seriously. Our systems are designed to comply with industry standards and regulations to ensure the confidentiality and integrity of your data. For more information, please refer to our Privacy Policy.

Termination of the Agreement

Without prejudice to the rights accruing to it under the Dutch Civil Code, Print.one is entitled to terminate an agreement with immediate effect if the client has been granted (provisional) suspension of payment, if the client has been declared bankrupt, a debt rescheduling scheme has been declared applicable to the client, the client has ceased his business operations or liquidates the company run by him, as well as when the client is in default of fulfilling its obligations for more than fourteen (14) days.

Print.one is entitled to terminate an agreement with immediate effect if Print.one can no longer meet its obligations on the basis of amended legislation or regulations or a decision of a judicial or supervisory authority.

Print.one is entitled to terminate an agreement prematurely if Print.one can no longer meet its obligations, or if it decides at any time during the term of an agreement to definitively stop offering the relevant service.

In the event of cancellation (or dissolution) as referred to in the above articles, all that the client owes Print.one will be immediately due and payable. 

Exclusion right of withdrawal

Insofar as the order has already been executed by Print.one, the client cannot make use of cancellation of the agreement and/or its right of withdrawal, including its legal powers with regard to distance selling (section 9A of book 7), since the service of Print.one concerns the creation of goods that are in accordance with the specifications and wishes of the client and/or are personal in nature (Article 7:46d paragraph 4 of the Dutch Civil Code).

Liability  

Print.one has the best efforts obligation to properly comply with the agreement.

Except insofar as this is impossible under Dutch law, including in any case cases of intent or gross negligence on the part of Print.one, any liability of Print.one is limited to the amount that is payable in the relevant case under the applicable liability insurance it has taken out. (and) is paid out. If and insofar as, for whatever reason, no payment is made under the said insurance, any liability is limited to a maximum of the invoice amount, or at least to that part of the order to which the liability relates.

If the Client is of the opinion that Print.one has not properly fulfilled an agreement, it must inform Print.one in writing within 14 days after it has discovered or could reasonably have discovered the shortcoming in question, stating the shortcoming, stating a reasonable term within which the shortcoming must be remedied.

If the shortcoming has not been reported within 14 days, the Client can no longer invoke the shortcoming. Except for special circumstances and circumstances to be demonstrated by him, the client is in any case deemed to be able to reasonably discover a defect from the moment he has received the performance delivered by Print.one, or has otherwise become aware of the content of the performance. .

Without prejudice to the provisions above, these general terms and conditions apply not only to Print.one, but also to all persons involved in the performance of the assignment and/or who have any liability in connection therewith or who could in any way rest, including former employees and/or partners, as well as their heirs. The client indemnifies Print.one against all third-party claims that are in any way related to or arise from the assignment of the client and/or the work performed for the client.

Print.one is only liable for direct damage, provided that this can be attributed to it. Print.one is never liable for indirect damage, including in any case: consequential damage, lost profit, lost savings, damage due to business interruption, damage to reputation and lost goodwill.

The Client undertakes to fully cooperate with Print.one to enable Print.one to investigate an alleged shortcoming and to remedy it within the foreseeable future.

Print.one is not liable for damage to postal items or other goods suffered as a result of services provided by postal services, courier services and/or other companies, unless the client demonstrates that the damage is the result of intent or gross negligence on the part of Print.one.

Print.one is not liable for delays or errors in the services provided by postal services, courier services and/or other companies, unless the client demonstrates that the damage is the result of intent or gross negligence on the part of Print.one. Postal items are sent on regular working days.

Print.one is not liable or responsible for the correctness, accuracy and completeness of the addressing. If incorrectness, inaccuracy or incompleteness of the specified address means that a mail item cannot be delivered, the client will continue to owe compensation for the assignment.

Print.one is, except in cases of intent or gross negligence on its part, not liable for the non-arrival of a mail item, late arrival and/or incorrect address.

Print.one does not read or check the content of mail items and is not liable or responsible for the correctness of the content.

Print.one does not view or check the design of mail items and is not liable or responsible for the correctness of the design.

Check for correctness

The Client is responsible for the correctness, accuracy and completeness of the supplied addresses, the supplied data, the texts, the design and the other contents of the mail items.

The Client is responsible for testing and checking the digital print sample (preview) and the physical proof (mail item). The Client can at any time address and send a postal item as a physical proof to itself via the Print.one API for a fee to check its correctness.

By submitting an order (or API call) via the Print.one API, the client agrees to the digital print example (preview) that is shown on the website. The client also agrees with the physical proof (mail item), even if the client has not sent, seen and/or checked the physical proof. 

Deviations of printed items

Deviations between the printed mail items on the one hand and the data, texts and/or design supplied by the client on the other hand cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation if they are of minor significance.

The client agrees that printed mail items may differ in colour, image quality or position from the data that the client has provided to Print.one and the print preview shown on the website at the time of the order, as well as the physical proof(s) that the client has already or not ordered. With regard to color, the client declares that it is aware of and agrees with the fact that color differences between screen and printed matter are unavoidable as a result of the essential difference between the additive RGB color structure on the screen and the subtractive CMYK color structure of the printed matter.

The supplied data can be scaled by Print.one in order to achieve a correct print representation. client agrees to such changes.

Reserving capacity

The Client enters into timely consultations with Print.one to reserve extra capacity for the processing of peaks or sudden growth in its purchase of the Print.one services in order to prevent overloading of the Print.one services or the networks and systems of (the suppliers of ) print.one.

In any case, the client must enter into consultation at least seven (7) days in advance if the number of mail items to be purchased per day exceeds or threatens to exceed 25,000 items.

Account registration and usage

Client and its authorized users (as defined below) need to register for a Print.one account in order to place orders or to access or use a Print.one service.

An "Authorized User" is defined as an individual person (e.g. employee, contractor, agent of a client) who is registered and authorized by a client to use the Print.one services subject to these terms and conditions. The client ensures that its authorized users comply with these terms and the client is responsible for all actions of its authorized users.

The Client must ensure that passwords and other access data (such as API keys) for the Print.one services are kept strictly confidential and are not shared with unauthorized persons. If an authorized user stops working for the client, the client must immediately terminate that person's access to their account and any Print.one service.

The client is responsible for all actions taken using his and his user accounts, passwords or access data. client must immediately notify Print.one of any breach of security or unauthorized use of its account.

Accounts are assigned to a specific client and may not be shared with others.

Account details must be accurate, current and complete and are subject to Print.one's privacy provisions and processing agreement.

Client agrees to keep account information up-to-date so that Print.one can send notices, statements and other information by email or through Client's account. 

Confidentiality

The Client will observe secrecy with regard to all confidential information that comes into its possession during the performance of an agreement.

The Client will not use the confidential information for purposes other than the performance of the agreement.

This confidentiality obligation does not apply if and insofar as there is a legal obligation to provide confidential information to a third party. In that case, however, the client will inform Print.one of the provision of information as soon as possible.

In the event of a violation of the above provisions, the client will forfeit to Print.one a one-off, immediate and non-setoff fine of € 20,000 and € 5,000 for each day or part thereof that the violation continues, without prejudice to Print's right. one to compensation for the damage suffered and to be suffered by it

Intellectual property rights

The intellectual property rights (including administrative law) of all products and services made available to the client in the context of an agreement (including software, data and data files) remain with Print.one and will not be transferred to the client under any circumstances.

With regard to these products and services, the client is only granted a personal and non-transferable right of use. This right does not (partially) accrue to the companies or institutions affiliated with the client.

The Client is not entitled to copy or otherwise multiply the products and services, or to publish them in any way whatsoever, other than in accordance with the relevant provisions of the relevant agreement. Insofar as the products consist of data or data files, these may not be 'requested' or 're-used' within the meaning of the Databases Act, except insofar as this is necessary to realize the agreed use of those data or data files.

The foregoing restrictions do not affect the rights of the client arising from Articles 45j and 45k of the Copyright Act 1912 (the permitted personal use for backup and archive purposes).

Without the prior written permission of Print.one, the client is not permitted to use logos, brands, trade names or other intellectual property of Print.one in its communication (including advertisements and other advertising messages) with third parties.

In the event of a violation of one of the provisions referred to above, the client will forfeit (per violation) to Print.one a one-off, immediate and non-setoff fine of € 20,000 and € 5,000 for each day or part thereof that the violation continues, one and other without prejudice to Print.one's right to compensation for the damage suffered and to be suffered by it.

Force majeur

In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which Print.one cannot exert influence, but as a result of which Print.one is unable to fulfill its obligations. to comply with, including:

• mobilisation, war and danger of war;

• quotas or other government measures;

• strike / strike;

• obstruction of transport;

• fire, flood, storm and other natural disasters;

• malfunctions and/or interruption of the energy supply;

• malfunctions and/or interruption of the telecommunication facilities;

• non-timely or proper fulfillment of obligations by third parties on whom Print.one depends for the execution of the agreement.

In the event of force majeure, the client is not entitled to any (damage) compensation.

Print.one can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than one (1) month, then each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party. Insofar as Print.one has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Print.one is entitled to part to be invoiced separately. The client is obliged to pay this invoice as if it were a separate agreement.

Disputes 

Dutch law applies exclusively to all legal relationships to which Print.one is a party, even if the client orders from abroad and/or is domiciled there.

The court in the location of Print.one has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Any disputes will therefore, in principle, be submitted exclusively to the Court of Overijssel, while retaining the possibility of lodging an appeal and appeal in cassation.

Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Other provisions  

No rights can be derived from information on the website. Typing errors and price changes reserved.

Print.one is entitled to unilaterally change these general terms and conditions at any time. The amended conditions will apply as soon as they are published on the website. If a client subsequently places an order for a service, it thereby accepts the applicability of the amended terms and conditions.

Print.one has the right, without the prior consent of the client, to use its group companies and/or subsidiaries, as well as subcontractors, to perform the services. 

Privacy  

The Client guarantees that, with regard to the data it provides to Print.one, it complies with all applicable laws and regulations in the field of personal data protection and that these laws and regulations allow this data to be provided to Print.one and that this data is processed by Print.one. The client will indemnify Print.one against all third-party claims arising from the client's failure to comply with these laws and regulations.

With regard to the data, the client guarantees that it is entitled to make it available to Print.one and that Print.one is entitled to perform the services with regard to the data. The Client indemnifies Print.one against any claims from third parties in this respect.