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General conditions 

1. Concepts


In these general terms and conditions the following is understood as; 

A. Third Parties: any (legal) person, not being Creditmanagement Software BV (hodn Incassotool and or client.

B. User: the one who uses  (in any capacity) of the Applications.

C. Incassotool and/or the private company with limited liability Creditmanagement Software BV, also trading as Incassotool and, with its registered office in Berkel en Rodenrijs and registered with the Chamber of Commerce under number 71977015.

D. Client: the party that concludes/closed/has concluded an agreement with Incassotool and/or

E. Agreement:  the agreement, being the whole of the agreements between Incassotool/ and the Client for the performance of work and/or the provision of services, including these terms and conditions.

F. Applications: all possible online and offline (hard copy) information sources, applications, services and/or products made available by Incassotool. 

G. Inadmissible Behavior: behavior contrary to the (spirit of) the law, public order, good morals, the Agreement, these general terms and conditions and otherwise improper behaviour. 


Creditmanagement Software BV, Incassotool and, are hereinafter referred to as “Incassotool”. 

2.  Agreement and implementation in general


2.1Incassotool will make every effort to perform and offer the services and applications with due care. The services and applications are exclusively performed and offered on the basis of an obligation of means, and therefore expressly not on the basis of an obligation of result. The Applications provide  no guarantee that the claim will be paid in whole or in part by the debtor.

2.2If a performance is defective and a complaint has been made in time, Incassotool will be allowed to perform the defective performance again within a reasonable period of time, or to repair it in another way. At its discretion, Incassotool is entitled to pay a replacement fee to the client for this up to a maximum of the invoice amount that Incassotool usually charges monthly for the relevant

2.3Incassotool is entitled to engage auxiliary persons (personnel) and third parties for  execution of the agreement at its own expense and risk.

2.4Incassotool reserves the right to suspend obligations under agreements if the Client does not fulfill all its obligations arising from this or any other Agreement with Incassotool. Suspension by Incassotool also includes blocking access for the client and users to the applications.

2.5If the Client is declared bankrupt, Incassotool is entitled to terminate the Agreement with immediate effect.


3. Access and Rules of Use


3.1The User gains access to the Applications by entering the username and password that Incassotool has registered for the User. The Client and the User are prohibited from providing the access data to Third Parties for whom they are not intended.

3.2The Client is responsible for any use of the access data for the Applications. All actions that can be traced back to the Client (including through the use of the access data), regardless of whether these have been performed by the Client itself and/or persons employed by the Client or affiliated with it and/or Third Parties, are attributed to the contractor.

3.3By using the Applications of Incassotool, the Client gives Incassotool permission to perform actions on behalf of the Client to collect the outstanding invoices. The Client is responsible for entering the assignment and updating current assignments in a timely manner, whether or not by means of an automated and/or linked system. In principle, Incassotool carries out the actions automatically and will continue to do so until the Client has updated the status itself. Incassotool can under no circumstances be obliged to accept individual direct debit orders and can refuse orders without giving any reason.

3.4The Applications may not be used in violation of the law, public order, morality, the Agreement, these general terms and conditions and the conditions and rules/guidelines/legislation of third parties on which Incassotool or the User depend for the use of the Applications .

3.5User must behave as befits a good user. In particular, the following rules apply.

3.6The Applications may not be used for the invoicing and/or collection of non-existent, fictitious, defective or claims arising from an obligation that is contrary to the law, public order or the good manners.


3.7if Incassotool establishes Inadmissible behavior on the part of the Client or a User, Incassotool is entitled to block the access data of the Client and/or User without further notice, to delete the content and/or other data. and thereby also terminate the current billing and collection files. In doing so, the Client and/or User loses all his or her rights with regard to the Applications, without the Client and/or User being entitled to damages or compensation. Incassotool has the right to inform the authorities in the event of Inadmissible Behavior.

3.8If Incassotool detects any Inadmissible behavior on the part of the Client or a User, Incassotool is entitled to dissolve the Agreement without further prior warning and without judicial intervention. In that case, the Client owes Incassotool the amounts not yet paid by the Client to Incassotool arising from the Agreement over the current calendar year as minimal compensation. Any fees paid will not be refunded by Incassotool. This provision does not affect the possibility for Incassotool to recover the full damage from the Client.

4.  The Applications and Usage


4.1The Client receives a right of use that is non-transferable and non-exclusive . The hosting of the data is provided by Incassotool under the conditions as stated in the Agreement and these general terms and conditions.

4.2The Client and the User must, at their own expense and risk, ensure the most recent version(s) of the software on their hardware. They must therefore, among other things (but not exclusively), always download and install operating system updates.

4.5The Applications are continuously developed. Incassotool has the right to update regularly. The Client and the User must regularly inform themselves about the latest versions of the Applications. Updates or new versions are accepted by the Client and the User  mandatory .

4.6The Client remains entitled to the data supplied by the Client for the use of the Applications. The Client remains responsible for the data it supplies. In order to obtain optimum operation of the Applications, Incassotool has the right to edit, store, reproduce, delete or publish the data supplied by the Client, insofar as Incassotool deems necessary, all this at its own discretion from Incassotool. Incassotool will observe confidentiality.


4.7Incassotool cannot  offer the same level of service of its Applications to everyone and is not liable for any damage if the Client or others use, for example  an operating system other than that used by Incassotool indicated, a browser other than that indicated by Incassotool, software or hardware that is not up-to-date, or otherwise not complying with Incassotool's recommendations or instructions regarding the optimal usability of the Applications, or being unable to comply .

5. Prices, payment and due date

​5.1All prices quoted are exclusive of VAT and other levies that have been or will be imposed by the government, unless expressly stated otherwise in writing.

5.2. The fee for the use of the Applications is billed monthly. Incassotool has the right to collect the fees by means of direct debit. Suspension of an obligation or settlement by the Client is not permitted. There is a payment term of 14 days.

5.3If there is a payment arrears (for example because a direct debit turns out not to be possible), Incassotool has the right to block the Client's account. Article 3 paragraphs 7 and 8 also apply here. The Client will receive instructions by e-mail about being able to settle the payment arrears and when the Client's account will be reactivated.

6. Changes 


​6.1Incassotool's Applications are under continuous development. Incassotool has the right to regularly  make changes to the content and/or scope of the Applications.


6.2. Incassotool is entitled to unilaterally adjust the prices, whereby the price change is announced at least 40 days in advance on the website of Incassotool and/or via email. These price changes take effect automatically.

7. Force majeure 

7.1In the event of force majeure, both of a permanent and temporary nature, Incassotool is, at its own discretion, entitled to dissolve the Agreement in whole or in part or to temporarily suspend its obligations under the Agreement without the Client being able to claim performance, compensation and/or dissolution. to apply.


7.2Force majeure is understood between the parties, in addition to what is understood in the law and jurisprudence, to include all external causes, foreseen or unforeseen, over which Incassotool has no influence, but as a result of which Incassotool is unable to fulfill its obligations. This includes (but is not limited to): (work) strikes in the company of Incassotool, of the Client or of Third Parties on which Incassotool is dependent in any way for the performance of the Agreement, bankruptcy or suspension of payment in the event of one or more from its suppliers or third parties engaged, weather conditions that prevent the work from being carried out adequately, power failures, internet, computer network or telecommunication facilities and obstructive health complaints or death of key employees of Incassotool (including - but not limited to - its directors).

8. Availability of the Software and Reliance on Third Parties


8.1Although Incassotool will do everything reasonably possible to this end, Incassotool cannot guarantee that the Applications are always complete, correct, accurate or up-to-date, or that the Applications are always online and available or that the Applications are always suitable for the purpose for which the client and /or User wants to use this. Incassotool makes every effort to treat all comments regarding the Applications seriously and to implement improvements where Incassotool deems this necessary. Any inaccuracies can be reported via the Incassotool e-mail address known between the parties.

8.2Incassotool is entitled to temporarily decommission its Applications, including (but not limited to) taking them offline, for maintenance, updates or for any other reason. Incassotool will endeavor to do this outside office hours as much as possible.

9. Liability, Indemnification and Damages


9.1Incassotool is never liable for damage resulting from defects in or to the Applications, goods sold, services rendered or work performed, both at the Client and at Third Parties. Incassotool is also not liable for errors made by staff and other auxiliary persons or Third Parties engaged by Incassotool in the context of the implementation of the Agreement.

9.2​ If Incassotool can be held liable, the liability per event or series of events with a common cause is in any case limited to the amount that its liability insurance pays out for the case in question.


9.3Under no circumstances will the liability exceed the invoice amount that Incassotool usually charges to the Client. The starting point is that the amount of the invoice belonging to the month preceding the month in which the claim occurs/occurred determines what is customary, unless that invoice appears to deviate significantly from the previous months; then the average of those previous months applies. 


9.4In the event of liability, Incassotool is only liable for direct damage.​

9.5Incassotool is never liable for indirect damage including, but not limited to, lost profit, lost savings, business interruption and damage to third parties, not even in the event of non-compliance or improper fulfillment of a repair obligation.

9.6All liability limitations or exclusions in the Agreement and these terms and conditions do not apply if the damage is the result of intent or deliberate recklessness on the part of Incassotool or its managerial subordinates.

9.7The Client indemnifies Incassotool  against (any) claims from Third Parties related to the performance of the Agreement. All costs and damage incurred by Incassotool as a result thereof are fully for the account of the Client, unless this damage is the result of intent and/or recklessness on the part of Incassotool and/or its managerial subordinates. 

10. (Intellectual) Property Rights


10.1The intellectual property rights to all Applications remain with  Incassotool or of a Third Party from whom Incassotool has obtained the right to make (part of) these services or Applications available to the Client. Incassotool hereby only grants the Client a right of use that is not exclusive and non-transferable, unless this has been explicitly stipulated in the Agreement in writing.

10.2If Incassotool is held liable by a Third Party or is otherwise held responsible (directly or indirectly) for claims regarding intellectual property rights relating to the content, Applications, publications or other disclosures of or affiliated with the Client, the Client is held to to provide all necessary assistance. Furthermore, the Client is obliged to fully reimburse the resulting costs and other damage to Incassotool.

11. Governing Law and Disputes


11.1This Agreement, these general and privacy terms and conditions and any agreements arising from this Agreement are governed exclusively by Dutch law.

11.2All disputes that may arise between the parties will be settled by the court in Breda

12. General Privacy Terms

12.1If the Client and Incassotool conclude or have concluded a separate (processor) agreement with regard to privacy and the processing of personal data, the provisions of this separate (processor) agreement will apply. In the event of incompatibility or conflict with provisions of the general terms and conditions, the provisions of the separate (processor) agreement will prevail.

12.2Incassotool only processes personal data within the Applications on behalf of the Client. Incassotool is under no circumstances regarded as responsible (within the meaning of the Wbp) for the processing of this personal data. Insofar as personal data is processed by the Client in the context of the use of the Applications, Incassotool can only be regarded as a processor of personal data.

12.3The Client must comply with all laws and regulations in the field of privacy and the processing of personal data, such as (but not limited to) European Regulations and the Wbp.

12.4Incassotool guarantees that the processing of personal data takes place in accordance with these privacy conditions.

12.5If Incassotool is held liable by any party, including government authorities, in connection with non-compliance by the Client with the Agreement, general terms and conditions or legislation and regulations in the field of privacy and the processing of personal data by the Client,  or when any sanction, penalty or other measure is imposed on  Incassotool for that reason, the Client is obliged to indemnify Incassotool and the Client will be obliged to provide Incassotool with all necessary assistance in any related proceedings. All costs and damage on the part of Incassotool that arise as a result are fully for the account of the Client.

13. Duration, Termination and Retention Periods

13.1These privacy conditions apply if the Client uses the Incassotool Applications. 

13.2These privacy conditions apply as long as Incassotool processes personal data on behalf of the Client.

13.3Incassotool may deviate from the provisions of 13.1 and 13.2 , insofar as a statutory retention period applies to personal data or insofar as this is necessary to prove compliance with its obligations to the Client.


13.4The account data and/or personal data used to keep the complete account data up to date may be kept by Incassotool for a minimum of seven (7) years, and longer if the account is still active. This does not alter the fact that Incassotool reserves the right 

reserves the right to remove data that is no longer relevant to the performance of the service in the opinion of Incassotool.

13.5The Client is responsible for complying with the legal obligation to keep records and retain the data and personal data that the Client makes available to Incassotool. The Client must always have its own copy (e.g. backup) of this data and personal data available. Incassotool has no responsibility in this area and is not liable for the possible loss or inaccessibility thereof.

13.6The contract is for an indefinite period of time. Both parties have the right to terminate this agreement with a notice period of 1 month. This provision may be deviated from in the agreement. After expiry of the initially agreed period, the notice period  applies as described above. 


14. Subject, type of personal data and processing purposes

14.1Incassotool will process personal data on behalf of the Client. In this context, Incassotool processes in any case the following personal data of debtors and/or customers of the Client: name, address, place of residence, telephone number, e-mail address, invoice details and debtor details

14.2Incassotool will not process the personal data for any purpose other than the processing purposes set out in paragraph 3 of this article.

14.3Incassotool processes the personal data with the aim of:

  • To pay the outstanding items/amounts/invoices offered by the Client via Incassotool, or

  • determine a scoring value based on current and historical data with regard to collection, with which the chance of recoverability can be estimated (so that unnecessary costs by the Client can be prevented); 

  • to make a positive contribution to preventing problematic debts as a result of, for example, over-indebtedness, by providing software solutions.

  • to be able to perform the services as agreed between Incassotool and the Client;

14.4The personal data to be processed by Incassotool on behalf of the Client, obtained in any way whatsoever, remain the property of the Client and/or the relevant data subject.

15. Processing Execution


15.1Incassotool is only responsible for the processing of personal data that it processes in the context of the services offered under the conditions stated in these privacy conditions. Incassotool is expressly not responsible for other processing of personal data, including the collection of personal data by the Client and/or third parties.


15.2Incassotool will not process personal data in countries outside the European Economic Area ('EEA'), unless explicit prior written permission has been obtained from the Client and legal requirements are met. Transfer of personal data to countries outside the EEA that do not have an adequate level of protection is prohibited. Incassotool will immediately inform the Client in writing of all planned permanent or temporary transfers of personal data to a country outside the EEA and will only carry out the transfer(s) after written permission from the Client.

15.3Incassotool will store and process the personal data concerning the Client separately from the personal data it processes for itself or on behalf of third parties.

15.4Incassotool will process the personal data in a proper and careful manner and in accordance with the obligations imposed on Incassotool under privacy legislation, such as European Regulations and the Wbp.



16.  Personal data protection


16.1Incassotool applies appropriate technical and organizational security measures, which, given the current state of the art and the associated costs, correspond to the nature of the personal data to be processed, to protect the personal data against loss, unauthorized access, mutilation or unlawful processing, as well as to to ensure the (timely) availability of the personal data.

16.2The parties recognize that security requirements are constantly changing and that effective security, frequent evaluation and regular improvement of outdated security measures are required. Incassotool will therefore continuously evaluate the security measures to protect personal data and, if necessary, tighten, supplement or improve them in order to continue to comply with its obligations.

17.  Notification data breaches & monitoring


17.1In the event of a security leak and/or a data leak as referred to in the Data Leaks Notification Act, Incassotool will reasonably inform the Client about this as soon as possible.

17.2The obligation to report in any case includes reporting the fact that there has been a leak or incident, as well as the (alleged) cause of the leak or incident, the consequences known and/or expected as yet, and the (proposed) solution.

17.3If it deems necessary, the Client will inform data subjects and other third parties, including the Personal Data Authority, about a data breach or other incidents. Incassotool is not permitted to provide information directly about a data leak or other incidents to data subjects or other third parties, except insofar as Incassotool is legally obliged to do so or has obtained permission from the Client.


18.  Secrecy

18.1All personal data that Incassotool receives from the Client and/or collects itself in the context of the Agreement is subject to a duty of confidentiality towards third parties.

18.2Incassotool ensures that its staff are bound by the confidentiality obligation included in this article.

18.3The duty of confidentiality does not apply insofar as the Client has given explicit permission to provide the information to third parties, if the provision of the information to third parties is logically necessary in view of the nature and purpose of the assignment and the implementation of these privacy conditions. or if there is a legal obligation to provide the information to a third party.


19. Enabling and Sharing Personal Data with Third Parties

19.1Incassotool is entitled to engage third parties for the processing of personal data if this is necessary for the agreement to be executed. 

19.2Incassotool ensures that the third party(ies) in question assumes at least the same obligations as included for Incassotool in these privacy conditions. 

19.3Only for the purpose of correctly performing the services, Incassotool engages Third Parties and Incassotool shares the personal data collected on behalf of the Client with in any case (but not exclusively) bailiffs, hosting partners and postal processors.

19.4If the third party that wants to engage Incassotool is located outside the EEA, Incassotool guarantees, without prejudice to the previous paragraph, that this third party guarantees an appropriate level of protection and security of personal data within the meaning of the Personal Data Protection Act. -20813d6c673b_

19.5Incassotool is responsible towards the Client for the third parties engaged by it. In the event that the Client requests Incassotool to install a specific link in a third-party system and Incassotool engages a third party for this purpose, the provisions of this article do not apply and the Client is fully responsible for any damage resulting from this. -bb3b-136bad5cf58d_results.​

19.6Incassotool must cooperate with the provision of data on the basis of a request or an authorized order from a government agency or judiciary, or in connection with any other legal obligation 3194-bb3b-136bad5cf58d_.

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