These terms cover the company website at arkintel.com and arkintel-staging.com.
Other documents published with these terms: the Privacy Policy, the Cookie Policy, and the Processor and recipient register. Article 20 states the order. The register is not a separate contract.
1. Who we are
Arkintel B.V. is the company you deal with. It is a private limited company (besloten vennootschap) established in the Netherlands.
Address: Molengraaffsingel 12, 2629 JD Delft, the Netherlands
Chamber of Commerce (Kamer van Koophandel): 99939940
RSIN: 869196911
VAT: NL869196911B01
Questions, complaints, and notices: legal@arkintel.com. Languages: Dutch and English. Post goes to the address above.
Consumer-law supervisor: the Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt). How to complain is in article 18. The Dutch data protection authority is named in the Privacy Policy.
We use a bank account number only where the law requires it. We do not publish that number here.
2. Definitions
We, us, Arkintel: Arkintel B.V.
You: the person or organisation that uses the site.
Consumer: a natural person acting outside a trade, business, or profession. If you act for a trade, you are a Business User.
Business User: anyone who is not a Consumer.
Site: the company website at arkintel.com and arkintel-staging.com, including the legal documents published with it.
3. Agreement
Using the site is agreement to the terms published at that time. We do not store a click.
The text is on the site before and while you use it.
If you use the site for an organisation, you confirm that you may do so. For a Business User, these terms are our first offer. Terms you send later do not replace them by arriving later (Dutch Civil Code, article 6:225(3)).
4. Who the site is for
The site is company information for readers in the European Union and the European Economic Area. Within that territory we do not discriminate by nationality or place of residence without a justification the law allows (Regulation (EU) 2018/302).
You may not use the site where European Union restrictive measures prohibit it.
5. What this site is
The site gives information about Arkintel.
It is not professional advice: not legal, tax, medical, financial, credit, or investment advice.
6. Licence, not a sale
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to view the site in a browser, for your own information or your organisation's internal information.
This is a licence under the Dutch Copyright Act (Auteurswet). It is not a sale of a copy, and it is not a transfer of title in the site, the text, or the layout.
You may not copy or modify the site software, reverse engineer it except where the law allows, scrape it at a scale that impairs it, resell it, mirror it, bypass technical limits, or remove proprietary notices.
Open-source components keep their own licences. The notices are published with these legal documents.
The licence ends when you stop using the site, or when you breach these terms.
7. Intellectual property
The site, and its text, marks, and layout, are and remain our property and our licensors' property. That includes the names Arkintel and ArkOffice, and our trade dress.
Those materials are protected by copyright, trade-mark, and other laws of the Netherlands and of other countries.
These terms do not give you an implied licence to our names or marks. You may not use Arkintel, ArkOffice, or our trade dress with a product or a service unless we have agreed to that in writing.
If you email us a suggestion, you grant us a non-exclusive licence under the Dutch Copyright Act (Auteurswet) to use that suggestion, including to reproduce and adapt it, for as long as the rights last. We have no duty to use it, and we owe you no payment for it. Where the suggestion is made in employment, article 7 of the Auteurswet applies to that work instead of this licence.
8. Acceptable use
Use the site lawfully, under Dutch law and the law of your Member State.
Do not attack the computers that serve the site. Do not interfere with them, overload them, or scrape them in a way that impairs them. Do not stuff credentials, forge identifiers, or bypass technical limits.
If you believe a page we published is unlawful, write to legal@arkintel.com, in Dutch or English, and say which page and why.
9. Availability
We use reasonable efforts. We may maintain the site.
Where consumer rules on digital content and digital services apply, they are not waived, and your statutory remedies stay (Directive (EU) 2019/770; Dutch Civil Code, book 7, title 1aa).
For a Business User, the site is supplied as available, subject to the reasonableness required by Dutch Civil Code article 6:248.
11. Privacy, cookies, and the register
Processing is described in the Privacy Policy. Information stored on or read from your device is described in the Cookie Policy. Named processors and recipients are on the register, which the Privacy Policy incorporates. The register is not a contract you click, and it is not an annex to these terms.
12. Warranties
For a Business User, the site is supplied as available. We do not promise that it will be uninterrupted or error-free, and we do not give a warranty of merchantability or fitness for a particular purpose.
For a Consumer, your statutory rights prevail, including article 10 where it applies.
Information on the site can contain errors. We may correct a page.
We do not warrant third-party sites you open from a link.
13. Liability
Nothing in these terms limits liability for:
fraud or fraudulent misrepresentation
intent (opzet) or gross negligence (grove schuld)
death or personal injury caused by us
a liability the law does not allow us to limit, including where consumer law or the General Data Protection Regulation forbids it
a Consumer's remedies under the digital-content rules or the consumer-rights rules, where those rules apply
Subject to those carve-outs, we are not liable for indirect loss, lost profit, or business interruption. Lost data is included in that exclusion only where the digital-content rules and the General Data Protection Regulation allow it.
For a Consumer, we do not cap liability in a way that leaves no real remedy for a breach of a core duty. Foreseeable loss and your statutory remedies remain.
For a Business User, liability for direct damage is capped at EUR 100. The carve-outs above still apply.
Time limits are those the law sets for a Consumer. For a Business User, a claim must be brought within 12 months after you knew or should have known of the facts, unless a mandatory period is longer.
Vercel and Cloudflare are responsible for their own services under their terms. We remain liable for our own share where the law requires it.
14. Your responsibility for misuse
If you are a Business User, you will compensate us for proven loss from illegal use of the site and from a breach of article 8. This does not cover ordinary viewing.
If you are a Consumer, you are responsible for illegal use. We may recover proven damage from that. You do not have to defend us for ordinary viewing.
15. Force majeure
We are not liable for a failure caused by a circumstance beyond our reasonable control, after reasonable precautions. That includes natural disaster, war, terrorism, epidemic, a government measure, failure of power or of the public internet backbone, and a labour dispute at a third party.
It does not include an ordinary security failure we could reasonably have prevented.
Performance is suspended while the event lasts, without liability for that delay. If it continues for more than 60 days, either party may treat these terms as ended for the future.
16. Changes to the site
We may change pages, layout, and descriptions without a new version of these terms.
A change required by law or by security may take effect at once.
17. Changes to these terms
The file on the site is the current terms. The version and the effective date are on this file. We replace the file in place.
A change that materially and adversely affects a Consumer is published in this file with a new effective date. If you do not agree, stop using the site.
18. Complaints
Write to legal@arkintel.com. We will handle a complaint within a reasonable time. Please contact us first. You do not have to complain to us before you go to court.
For a Consumer: we are not obliged to use a recognised dispute committee (geschillencommissie) or another alternative dispute resolution body, and we do not commit to use one.
You may report a suspected breach of consumer law to the Authority for Consumers and Markets. That authority supervises.
Your right to go to court is set out in article 19.
The Privacy Policy states how you complain about data protection.
19. Law and courts
Dutch law governs, without the United Nations Convention on Contracts for the International Sale of Goods, and without conflict rules that would point to another law, except that mandatory consumer protections of the country where a Consumer habitually lives remain (Rome I, article 6).
For a Business User, the courts of The Hague, the Netherlands, have exclusive jurisdiction. Those courts conduct the proceedings in English only if both parties are commercial and both agree to English.
For a Consumer, you may sue in the Dutch courts or in the courts of the country where you habitually live (Brussels I Recast, articles 17 to 19).
Arbitration is available only if both parties agree in writing after the dispute has arisen. The seat is the Netherlands.
Either party may seek interim relief from a competent court.
20. General
If a court finds a provision illegal, invalid, or unenforceable, the rest of these terms stays in force. That part is replaced by the nearest valid meaning.
A failure or a delay to enforce any provision, or enforcement only once or only in part, does not invalidate that provision, does not waive it, and does not stop later enforcement of that provision or of any other provision.
A provision is waived only by a specific written statement from the party who holds the right. Conduct, silence, and a course of dealing are not a waiver.
We may assign these terms to an affiliate or a successor. You may not assign them without our prior written consent. An assignment that would worsen a Consumer's position is limited to what consumer law allows.
Nothing in these terms creates a partnership, a joint venture, or an agency between you and us.
If documents conflict, this order applies: these terms, then the Privacy Policy, then the Cookie Policy, then the processor and recipient register.
Headings are for convenience only. They do not affect the interpretation of these terms.
The following survive the end of use: intellectual property (article 7), liability (article 13), responsibility for misuse (article 14), and governing law and courts (article 19).
21. Accessibility
Arkintel B.V. is a microenterprise providing services (Directive (EU) 2019/882, article 4(5); Dutch Civil Code, article 6:230fc). The accessibility requirements in article 6:230fb do not apply to us on that ground.