Terms and conditions

Article 1. Who we are

1.1 The services are provided by VYS Scheduling BV, Poolland 24, 1768 BX Barsingerhorn, the Netherlands, Chamber of Commerce (KvK) 73550027, VAT NL859572158B01, email info@vysscheduling.nl, phone +31(0)85-4013599 (hereinafter: VYS, we or us).

1.2 Zonetoegang, Tolmijden and Truckroute are products of VYS Tacho Solutions, a division and brand of VYS Scheduling BV. Your agreement is always with VYS Scheduling BV.

Article 2. Definitions

In these terms:

• Customer: the company or business owner that signs up and enters into the agreement with VYS (hereinafter also: you).
• User: a person with access to the customer's account using their own email address, such as the administrator and invited colleagues.
• Service: Zonetoegang, Tolmijden or Truckroute, or more of them, as described in article 4, including the Zonetoegang app once it is available.
• Account: the customer's environment in the service, with the company details, the users and the subscription.
• Trial: the free trial week of 7 days in article 7.
• Subscription: the paid subscription the customer chooses when signing up.
• Term: the period of 12 months for which the subscription applies each time.
• Free use: use for passenger cars without a subscription, with 5 routes per 24 hours.

Article 3. Applicability

3.1 These terms apply to every sign-up, offer, agreement and use of the services, including during the trial and free use.

3.2 General terms or purchasing conditions of the customer do not apply, even if the customer refers to them.

3.3 When signing up, you tick boxes to accept these terms and conditions, the data processing agreement and the privacy statement, and the transition from the trial to the subscription in article 8. VYS records each acceptance with the date and the version of the document.

3.4 In case of a conflict about the processing of personal data, the data processing agreement prevails; in all other cases these terms prevail.

3.5 If a provision of these terms is invalid, the other provisions remain in force. The parties will then replace the invalid provision with a valid one that comes as close as possible to its purpose.

3.6 These terms are available in Dutch and English. In case of a difference between the two, the Dutch version prevails.

Article 4. The services

4.1 Zonetoegang shows, by number plate, the low-emission and zero-emission zones throughout the European Union, plus the United Kingdom, Switzerland and Norway, with the road signs and truck bans. Depending on the subscription, Zonetoegang plans routes around zones, signs and closures, calculates the Dutch truck charge and tolls per trip, and plans routes with Tolmijden.

4.2 Tolmijden is a route planner that calculates the truck charge and tolls per trip, and plans routes that avoid the charge and tolls where that pays off.

4.3 Truckroute is a route planner for trucks, including longer and heavier vehicle combinations (LHV) and exceptional transport, with the restrictions for tunnels for dangerous goods (ADR tunnels).

4.4 The services are web services that you use in the browser. A Zonetoegang app for iOS and Android will follow; these terms also apply to that app.

4.5 Which features you can use depends on the subscription you choose. The content of each subscription is shown on the price pages (article 10).

4.6 VYS may improve and change the services. If VYS removes an essential feature of your subscription, VYS will announce this at least 1 month in advance and you may cancel the subscription as of the date on which the feature disappears.

Article 5. Business customers only

5.1 The subscriptions and the trial are intended only for companies and business owners, not for consumers. By signing up, you declare that you act in the course of a profession or business.

5.2 Because the services are for business use, rules that only protect consumers do not apply, such as the right of withdrawal for distance contracts.

5.3 Anyone who signs up on behalf of a company declares that they are authorised to bind that company to this agreement.

Article 6. Signing up and account

6.1 You sign up with your email address. You sign in with a code that VYS sends by email; there is no password.

6.2 When signing up, you enter your company details: name, address, postcode, town, country, Chamber of Commerce number, VAT number if applicable, a contact person and a phone number. You choose the subscription and accept the documents in article 3.3.

6.3 The agreement is concluded as soon as you have completed the sign-up with the acceptances in article 3.3.

6.4 You make sure that the details are correct and complete and keep them up to date in your account. VYS may refuse a sign-up or block an account if the details are evidently incorrect.

Article 7. Free use and the trial week

7.1 For passenger cars you can use the services free of charge without a subscription, with 5 routes per 24 hours.

7.2 A new company gets 7 days of free access to everything when signing up, with 5 routes per 24 hours.

7.3 The trial is available once per company. Anyone who does not pay after the trial and creates a new account to get another trial will be blocked: the account and the network (IP address), for 12 months. A paying company using the same network will not notice this.

7.4 If you do not want a subscription after the trial, stop the trial before the end of the 7 days in your account with the "Proef stoppen" (stop trial) button. You then pay nothing and can continue to use the service free of charge for passenger cars.

Article 8. Subscription, term and renewal

8.1 If you do not stop the trial before the end, it automatically turns into the subscription you chose when signing up after 7 days. The subscription starts on the day after the end of the trial and has a term of 12 months.

8.2 At the end of the term, the subscription is tacitly renewed for 12 months each time, unless it has been cancelled in time in accordance with article 9.

8.3 You can add users during a term as well; for each user you pay the rate per user in article 10.

Article 9. Cancellation

9.1 You can cancel the subscription up to 1 month before the end of the current term at the latest. You do this in your account or by email to info@vysscheduling.nl.

9.2 After a cancellation, the subscription continues until the end of that term. You keep access until then and pay the monthly amounts until then.

9.3 If you cancel later than 1 month before the end, the subscription is renewed once more and ends at the end of that new term.

9.4 VYS confirms a cancellation by email.

9.5 VYS can cancel the subscription in the same way and with the same notice period as of the end of a term.

9.6 After the subscription has ended, you can continue to use the service free of charge for passenger cars.

Article 10. Prices and price changes

10.1 Prices are per user per month, excluding VAT. On the date of this version the following prices apply:

10.2 The current prices and the content of each subscription are shown on www.zonetoegang.nl/prijzen/ and www.tolmijden.nl/prijzen/. For Truckroute, the price shown when signing up applies.

10.3 For more than 25 users, VYS offers a custom rate. Anything agreed in writing about this takes precedence over the prices in this article.

10.4 VYS may change the prices. VYS announces a price change at least 1 month in advance, by email to the address of the account. If you do not want to pay the new price, you may cancel the subscription as of the date on which the new price takes effect.

Article 11. Payment and direct debit

11.1 You pay monthly in advance, per user, by direct debit (SEPA Direct Debit CORE). The creditor is VYS Scheduling BV, creditor ID NL85ZZZ735500270000.

11.2 Your IBAN, BIC, the name of the account holder and a mandate are not yet required when signing up, but they are after the trial. As long as they are missing, you cannot use the subscription; you then only have the free use for passenger cars. The payment obligation for the subscription does continue during that time.

11.3 VYS issues an invoice for each payment.

11.4 If a direct debit fails, VYS may collect the amount again. If payment is still not made, VYS may suspend access to the subscription after a reminder until payment has been made. The payment obligation continues during the suspension.

11.5 You can have a direct debit refunded through your bank within 8 weeks of the debit (SEPA CORE). A refund does not cancel the payment obligation; a refunded amount that was due counts as a failed direct debit under article 11.4.

Article 12. Users and signing in

12.1 An account and a sign-in code are personal. You do not share them with others.

12.2 You invite colleagues with their own email address. Each user counts towards the subscription; payment is per user.

12.3 The customer is responsible for what happens with the accounts of its users. If you suspect misuse of an account, report it to VYS immediately.

Article 13. Data, sources and results

13.1 The data in the services comes from official government sources, such as the NDW, the RDW, Rijkswaterstaat, the Dutch central government and the authorities of other countries, and from OpenStreetMap.

13.2 The results of the services, such as zones, signs, routes, charges, tolls and CO2 emissions, are an aid and an indication. The road signs and rules on site and the official government decisions always take precedence.

13.3 The driver remains responsible for the trip and for complying with the rules. The customer is responsible for the choices it makes on the basis of the services.

13.4 VYS does its best to keep the data correct and up to date, but does not guarantee that it is complete, correct or up to date. Third-party sources may contain errors or be updated later.

Article 14. Availability and maintenance

14.1 VYS aims for a service that is easy to reach, but does not guarantee that the services are always available without interruption.

14.2 VYS announces planned maintenance in advance where possible. VYS resolves a fault as quickly as reasonably possible.

Article 15. Permitted use

15.1 You use the services only for your own business operations. It is not permitted to:

• resell the services or the results, or make them available to third parties as your own service;
• scrape the services or read them out automatically, including with scripts, bots or other software;
• circumvent the security, the limits (such as the number of routes per 24 hours) or the access control;
• obtain a trial in breach of article 7.3;
• use the services in breach of the law or in a way that harms the services or other users.

Article 16. Suspension and termination by VYS

16.1 If a user or the customer acts in breach of article 12 or 15, VYS may immediately suspend or block the access of that user or of the customer. In case of a serious or repeated breach, VYS may terminate the agreement with immediate effect.

16.2 Suspension or termination under this article does not cancel the payment obligation for the current term.

16.3 After the end of the agreement, VYS handles the data as set out in the data processing agreement and the privacy statement.

Article 17. Intellectual property

17.1 All intellectual property rights in the services, the software, the maps, the processed data, the texts and the design remain with VYS or its licensors.

17.2 For the duration of the agreement, the customer receives a non-exclusive and non-transferable right to use the services in accordance with these terms. You may use a route or PDF you create within your own company and share it with your own drivers.

17.3 Data from OpenStreetMap is subject to the OpenStreetMap licence; the attribution remains in place.

Article 18. Liability

18.1 VYS is only liable for direct damage resulting from an attributable failure by VYS.

18.2 The liability of VYS is limited to the amount the customer paid for the subscription in the 12 months before the damage occurred.

18.3 VYS is not liable for indirect damage, consequential damage, fines, lost profits, lost savings, delays or damage caused by following a route or result of the services.

18.4 The limitations in this article do not apply if the damage results from intent or deliberate recklessness on the part of VYS.

Article 19. Force majeure

19.1 VYS is not obliged to perform if this is impossible due to force majeure. Force majeure also includes: faults or outages at suppliers (such as hosting, email and internet connections), data from authorities and other sources not being available or being incorrect, power failures, attacks on the systems and government measures.

19.2 During force majeure, the obligations of VYS are suspended. VYS informs the customer as soon as possible when there is force majeure.

Article 20. Privacy

20.1 For the personal data the customer enters into the services or has processed through them, the customer is the controller and VYS the processor. The data processing agreement applies to this.

20.2 For the data VYS needs to provide the services, such as the account details, VYS is the controller itself. How VYS handles this data is set out in the privacy statement.

Article 21. Changes to these terms

21.1 VYS may change these terms. VYS announces a change at least 1 month before the effective date, by email to the address of the account and on this page, with a new version number.

21.2 If you do not agree with a change to your disadvantage, you may cancel the subscription as of the effective date of the change.

Article 22. Applicable law and disputes

22.1 These terms and the agreement are governed by Dutch law.

22.2 Disputes are submitted to the District Court of North Holland (rechtbank Noord-Holland), Alkmaar location.

Article 23. Contact and notices

23.1 Questions about these terms can be sent to info@vysscheduling.nl or by phone at +31(0)85-4013599.

23.2 VYS sends notices about the agreement, such as an announcement of a price change, by email to the email address of the account administrator. Such an email counts as a written notice.