Privacy statement JDR Investments BV

JDR Investments BV ('''we''), established in the Netherlands, with Chamber of Commerce number 69602425, is responsible for the processing of personal data as shown in this privacy statement.

JDR Investments BV considers careful processing of personal data of the utmost importance. Personal data is carefully processed and secured. When processing, we comply with the requirements of the General Data Protection Regulation (the "GDPR"). This Privacy Statement explains how we collect and use your data, in accordance with the GDPR/ AVG.

In this Privacy Statement we explain which personal data we collect and use, and for what purpose we do this. We recommend that you read this Privacy Statement carefully. This Privacy Statement covers our website, https://www.commvaultadministrators.com/ and related websites and Services.

These General Conditions were last amended on: 02-06-2022

Definitions

1. JDR Investments BV: established in Dordrecht under Chamber of Commerce no. 69602425

2. Customer : the person with whom JDR Investments BV has entered into an agreement.

3. Parties: JDR Investments BV and customer together

4. Consumer : a customer who is also an individual and who acts as a private person.

Applicability of terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of JDR Investments BV

2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices that JDR Investmens BV uses for the Services (Subscriptions) are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.

2. All prices that JDR Investmens BV uses for the Books (e-books or paperback) are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise. agreed.

3. All prices that JDR Investments BV uses for its services and products, on its website or that are otherwise made known, can be changed by JDR Investments BV at any time, for services already purchased the rate that has been agreed during the order, this can therefore not be increased in the meantime without agreement.

4. JDR Investments BV has the right to adjust the prices annually (12 months after agreement).

5. Prior to their commencement, JDR Investments BV will communicate price adjustments to the customer.

6. The customer has the right to cancel the agreement with JDR Investments BV if he does not agree with the price increase.

Payments and payment term

1. JDR Investments BV will charge the first installment in advance when entering into the agreement for the services.

2. After the first month, the payment must be made monthly before the 27th of the following month.

3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term (27th day), he is legally in default and in default, without JDR Investments BV having to send the customer a reminder or default. need to set.

4. JDR Investments BV reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

5. JDR Investments BV reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the service.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, JDR Investments BV is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month

2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to JDR Investments BV

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, JDR Investments BV may suspend its obligations until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of JDR Investments BV against the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by JDR Investments BV, he is still obliged to pay the agreed price to JDR Investments BV.

Right of advertising

1. As soon as the customer is in default, JDR Investments BV is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. JDR Investments BV invokes the right of complaint by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to JDR Investments BV, unless the parties agree otherwise.

4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

• The product has not been used
• It is not a product that has been tailor-made or modified especially for the consumer
• The seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
• It is not an e-book seen here its use cannot be controlled
• The consumer has not waived his right of withdrawal
• It does not concern a service that is fully performed with the consent of the customer within the 14 calendar days reflection period and where the customer has expressly stated to waive the right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 starts:

• On the day after the customer has received the last product or part of 1 order
• As soon as the customer has concluded the agreement delivery of the service
• As soon as the consumer has confirmed that he will purchase digital content via the internet
• The consumer can make his appeal to the right of withdrawal known via contact@commvaultadministrator.com
• The consumer is obliged to return the product to JDR Investments BV within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to JDR Investments BV in time, then JDR Investments BV will refund any shipping costs paid by the consumer within 14 days after receipt of the order, which has been returned in full in time. refund the consumer

2. The costs for delivery are only for the account of JDR Investments BV insofar as the complete order is returned.

Reimbursement return costs

If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

1. JDR Investments BV can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to JDR Investments BV, unless the customer has provided sufficient security for those costs. .

2. Right of retention also applies on the basis of previous agreements from which the customer still owes payments to JDR Investments BV

3. JDR Investments BV is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to JDR Investments BV against a claim against JDR Investments BV.

Ownership

1. JDR Investments BV remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards JDR Investments BV on the basis of any agreement concluded with JDR Investments BV, including claims regarding shortcomings in the compliance.

2. Until that time, JDR Investments BV can invoke its retention of title and take back the goods

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If JDR Investments BV invokes its retention of title, the agreement will be deemed dissolved and JDR Investments BV has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at JDR Investments BV, unless the parties have agreed otherwise

3. Delivery of products ordered online takes place at the address indicated by the customer

4. If the agreed amounts are not paid or are not paid on time, JDR Investments BV has the right to suspend its obligations until the agreed part has been paid.

5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to JDR Investments BV a late delivery.

Delivery time

1. The delivery times specified by JDR Investments BV are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.

2. The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic) confirmation from JDR Investments BV

3. The delivery time starts at the moment that the customer has fully completed the (electronic) order process and has received an (electronic) confirmation of this from JDR Investments BV

Return Policy

1. There is no right of return for E-books that have already been downloaded after purchase, because the electronic product was delivered with it and there is no possibility to check whether the product has not already been viewed.

2. There is a return right on paperback books. The customer has 14 days to change your mind after the product has been received, provided the product is unopened. The purchase may be returned within 14 days of receipt of the product. The return costs are borne by the customer. The purchase amount will then be returned in full within 14 days.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which JDR Investments BV cannot be held liable. held for any damage.

2. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which JDR Investments BV cannot be held liable. held for any damage.

Insurance

1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft

2. Items supplied that are necessary for the execution of the underlying agreement

3. Items of JDR Investments BV that are present at the customer's premises

4. Goods delivered subject to retention of title

5. At JDR Investments BV's first request, the customer makes the policy of these insurance policies available for inspection.

Guarantee

1. When the parties have entered into an agreement with a service-providing nature, this only contains a  best efforts obligation and therefore not a result obligation.

2. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.

3. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.

4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Fulfilment of the agreement

1. JDR Investments BV will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. JDR Investments BV has the right to have the agreed services (partially) performed by third parties.

3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4. It is the customer's responsibility that JDR Investments BV can start the execution of the agreement on time.

5. If the customer has not ensured that JDR Investments BV can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

Information provided by the customer

1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to JDR Investments BV in a timely manner and in the desired form and manner.

2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.

3. If and insofar as the customer requests this, JDR Investments BV will return the relevant documents.

4. If the customer does not make available the information, data or documents reasonably required by JDR Investments BV, or does not timely or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. customer.

Duration of the contract for a service

1. The agreement between JDR Investments BV and the customer regarding a service or services is entered into for a period of 1 year, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.

2. At the end of the term referred to in paragraph 1 of this article, the agreement will be tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with observing a notice period of 1 (one) month, whereby the agreement ends by operation of law.

3. If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give JDR Investments BV written notice of default.

Termination agreement service for a definite period of time

1. The customer or consumer cannot terminate an agreement concerning a service that has been entered into for a definite period of time, unless stated otherwise when agreeing the service.

2. After the minimum term of 1 (one) year, the aforementioned agreement can be terminated by the customer with due observance of a notice period of 3 months.

3. After the minimum term of 1 (one) year, the aforementioned agreement can be canceled by a consumer with due observance of a notice period of 1 (one) month.

4. If the agreement concerning a service has been entered into for less than 1 (one) year, the agreement can be terminated prematurely after a minimum of 6 months.

Intellectual property

1. JDR Investments BV retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing

2. The customer is not allowed to copy, show to third parties and/or make them available or use them in any other way without the prior written consent of JDR Investments BV.

Penalty clause

1. If the other party violates the article of these general terms and conditions about confidentiality or about intellectual property, it forfeits an immediately due and payable fine for each violation for the benefit of the trade name.

• If the other party is a consumer, this fine is €1,000
• If the other party is a legal person, this fine is € 5,000

2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.

3. No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any kind of damage.

4. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of JDR Investments BV, including its right to claim compensation in addition to the fine.

Disclaimer

The customer indemnifies JDR Investments BV against all claims from third parties related to the products and/or services supplied by JDR Investments BV.

Complaints

1. The customer must examine a product or service provided by JDR Investments BV as soon as possible for any shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform JDR Investments BV of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.

3. Consumers must inform JDR Investments BV of this within 2 months after discovery of the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that JDR Investments BV is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this can in any case not lead to JDR Investments BV being obliged to perform other work than has been agreed.

Notice of default

1. The customer must notify JDR Investments BV of any notice of default in writing.

2. It is the customer's responsibility that a notice of default actually reaches JDR Investments BV (on time).

Joint and several liability customer

If JDR Investments BV enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to JDR Investments BV under that agreement.

Liability JDR Investments BV

1. JDR Investments BV is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

2. If JDR Investments BV is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. JDR Investments BV is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4. If JDR Investments BV is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from JDR Investments BV expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if JDR Investments BV imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2. If the fulfillment of the obligations by JDR Investments BV is not permanently or temporarily impossible, dissolution can only take place after JDR Investments BV is in default.

3. JDR Investments BV has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if JDR Investments BV has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force of the majority

1. In addition. to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of JDR Investments BV in the fulfillment of any obligation with regard to the customer cannot be attributed to JDR Investments BV in a situation independent of the will of JDR Investments BV, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of JDR Investments BV.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation arises as a result of which JDR Investments BV cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until JDR Investments BV can meet them again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. JDR Investments BV does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Change of terms and conditions

1. JDR Investments BV is entitled to amend or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. JDR Investments BV will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of JDR Investments BV

2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2. In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what JDR Investments BV had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where JDR Investments BV is located / has its practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.