Terms of Service

1. Who we are

Monsera Systems is a digital agency and part of Monséra Group, based in the Netherlands. Our company details are at the bottom of this page.

2. Using the website

• Use the website lawfully. Do not attack, overload, scrape or misuse it, and do not attempt to access areas that are not public.
• The free website check is provided as is, for information. Only check websites that are yours or that you are allowed to check. We may limit its use to prevent abuse.
• Information on the website is general and not legal, tax or financial advice. Examples and numbers in demonstrations are illustrative.

3. Our services and business customers

We offer websites and webshops with admin systems, planner systems, CRM and automation, cash counting and control systems, fulfilment systems and custom business systems, alone or combined. They are intended for businesses. If you are a consumer, mandatory consumer protection law applies and prevails over any conflicting term.

4. Quotes, orders and fees

A quote becomes binding when you accept it in writing or by email, or when we start work at your request. Fees, contract term, notice period, renewal and payment terms are stated in the order. Prices exclude VAT and other taxes unless stated otherwise. Indicative prices on the website (for example "from" prices) are not an offer.

5. Delivery and your cooperation

Timelines are estimates unless the order says otherwise. They depend on you providing content, access and decisions on time. We deliver with the care and skill that can reasonably be expected.

6. Your data and data processing

You stay responsible for the data and content you put into your systems. For personal data in your systems we act as your processor and you are the controller. A data processing agreement is available on request and is part of the contract where it applies. We use sub-processors (such as hosting providers) that we select carefully, and we notify you of personal data breaches without undue delay.

7. Cash counting and control systems

Our counting and control tools help you record and review cash movements. They do not replace your own responsibility for handling cash, bookkeeping, tax registration or compliance. We do not guarantee that they eliminate all cash differences or prevent fraud.

8. Third-party services

Our services rely on third parties such as hosting, email and payment providers. Their terms apply to their services. Features connected to Google (such as Gmail) are also subject to Google's terms and policies. We are not responsible for failures of third-party services outside our reasonable control.

9. Your responsibilities

You are responsible for lawful use of your systems, including your marketing: you must have a legal basis (such as consent where required) before you email or message people, and follow rules such as the GDPR, the Spanish LSSI, the Dutch Telecommunications Act and the US CAN-SPAM Act. Do not upload unlawful content or use the services to harm others.

10. Intellectual property

We keep all rights in our software, platform, tools and know-how. You keep the rights in your content, brand and data. Ownership or licence of deliverables is set out in your order; unless it says otherwise, you receive a right to use the deliverables for your business during the term of the contract.

11. Availability and support

We work to keep systems available and monitored and will plan maintenance with care. We do not promise uninterrupted availability unless a service level is agreed in the order.

12. Disclaimer

THE WEBSITE AND ITS INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mandatory rights that cannot be excluded remain unaffected.

13. Limitation of liability

Nothing limits liability for intent or deliberate recklessness, gross negligence, death or personal injury, or anything that cannot be limited by law. Otherwise, to the extent permitted by law, our total liability arising from a contract is limited to the fees you paid for the relevant service in the 12 months before the event, and we are not liable for indirect or consequential loss such as lost profit, lost revenue or lost data. Some jurisdictions do not allow certain limits; then the limits apply as far as the law allows.

14. Confidentiality

Each party keeps the other's non-public business information confidential and uses it only for the contract, unless the law requires disclosure.

15. Suspension and termination

Either party may terminate for a material breach that is not remedied within a reasonable period after written notice. We may suspend a service immediately if needed for security, to stop unlawful use, or after repeated non-payment. Termination at the end of the term follows the notice period in the order. After termination we make your data available for export for a reasonable period and then delete it, except where we must keep it by law.

16. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages of internet, power or major providers, or government measures.

17. Changes

We may update these terms. The date at the top shows the latest version. For existing customers, changes that are materially unfavourable apply from the next renewal or after reasonable prior notice.

18. Governing law and disputes

Dutch law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Disputes are submitted to the competent court in the district of Gelderland, the Netherlands, unless mandatory law gives you the right to bring a claim elsewhere, for example as a consumer in your country of residence.

19. General

If a provision is invalid, the rest stays in force. These terms and the order are the entire agreement on this subject. This document may be provided in several languages for convenience; the English version prevails if they differ. Questions: infomonsera@gmail.com.