Terms and Conditions

Article 1. Ownership and Usage Rights

1. The Beam Platform is the intellectual property of Beam.
2. Beam hereby grants you, for the duration of the agreement, a non-exclusive and non-transferable right to use the Beam Platform for the number of users and specified components of the Beam Platform indicated in the quotation.
3. Data you store or process via the Beam Platform is and remains your property (or that of your suppliers). Beam has a limited right to use this data to execute the agreement and to enable use of the Beam Platform, including making analyses for future aspects thereof.
4. You will not have access to the source code of the Beam Platform.
5. Beam will not take note of data you store and/or distribute via the Beam Platform, unless this is necessary for proper service provision, analytical purposes, or Beam is obliged to do so by a legal provision or court order.

Article 2. Usage Rules Beam Platform

1. It is prohibited to use the Beam Platform for actions that are contrary to Dutch or other applicable laws and regulations.
2. In particular, it is prohibited to use the Beam Platform in such a way as to cause nuisance or hindrance to other customers/users. This includes, among other things, the use of custom scripts or programs for uploading or downloading large amounts of data, or making excessively frequent calls to the service or API (see paragraph 6).
3. If Beam establishes that you are in violation of the above conditions, or receives a complaint about this, it will give you a warning. If this does not lead to an acceptable solution, Beam may intervene to end the violation or charge additional costs (for example for server load). In urgent or serious cases, Beam may intervene without warning.
4. If, in Beam's opinion, nuisance, damage, or other danger arises for the functioning of the Beam Platform or third parties and/or the provision of services via the internet, Beam is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.
5. You must protect access to your account via a username and password from unauthorized persons. In particular, you must keep your password strictly confidential. Beam may assume that everything that happens from your account after logging in with your username and password is done under your supervision and control. You are therefore liable for all these actions, including those of your employees or third parties with access.
6. If agreed, Beam provides you with an Application Programming Interface (API). This automated access may only be used for applications by the suppliers with whom you have a contract (e.g. your ERP supplier), as approved by Beam. Beam is responsible for the API specifications of its API. Beam is never responsible or liable for damage resulting from your supplier having unilaterally modified the API specifications, which may cause disruptions in data exchange.
7. You may not use the Beam Platform yourself as a service provider for other parties.
8. Beam may recover damage resulting from violations of these conditions from you. You indemnify Beam against all claims from third parties relating to damage resulting from a breach of these conditions.
9. You can access the Beam Platform via app.beamtracking.com or beamtracking.app or in the manner indicated by Beam.

Article 3. Privacy and Security

1. When using the Beam Platform, you process personal data. Beam acts as a data processor within the meaning of the General Data Protection Regulation; you are the data controller.
2. Beam ensures an appropriate level of security given the risks that the processing and the nature of the data to be protected entail. However, only insofar as this data is within Beam's infrastructure.
3. Beam uses TLS certificates for the secure transfer of data and communication.
4. For additional arrangements regarding the processing of personal data, you will enter into a data processing agreement with Beam.

Article 4. Business Continuity

1. Beam will notify you immediately if its financial position deteriorates to such an extent that Beam's business continuity or the continuity of the performance of the Beam Platform is at risk. In that case, the parties will discuss, as soon as possible and in good faith, the consequences for the execution of the Beam Platform and the possible solutions to safeguard business continuity and continuity of service delivery. Beam has taken legal and practical measures to secure its continuity.

Article 5. Availability and Maintenance

1. Beam endeavors to keep the service available, but does not guarantee uninterrupted availability. Please note: you are personally responsible for your own internet connection. If this does not function properly, the performance of the Beam Platform may suffer as a result.
2. Beam actively maintains the Beam Platform. If maintenance is expected to lead to a limitation of availability, Beam will carry this out outside office hours. Maintenance is announced in advance where possible. Maintenance related to emergencies may take place at any time and will not be announced in advance.
3. Beam may from time to time adjust the functionality of the Beam Platform. Your feedback and suggestions are welcome in this regard, but ultimately Beam itself decides which adjustments it will or will not implement. Beam will announce at least thirty days in advance what adjustments it plans to make. This may also mean that certain functionality disappears.
4. A backup of your data is made every day. The time of making the backup is determined by Beam. The backup is a service of Beam and does not constitute a guarantee.
5. You have the option of concluding a Service Level Agreement with Beam for additional conditions regarding availability and maintenance.

Article 6. Delivery of the Beam Platform and Hardware

1. Delivery deadlines stated by Beam are indicative in nature, unless it is expressly stated in writing that it is a final deadline. Even in the case of an agreed final deadline, Beam is only in default after you have given Beam written notice of default.
2. Exceeding agreed delivery times, for whatever reason, does not entitle you to any compensation, including delay damages.
3. If it has been agreed that you will subject parts of the service to an acceptance test, you must evaluate and approve or reject the Beam Platform within 7 days of delivery. If you do not reject the results (in whole or in part) within this period on the basis of agreed functional or technical specifications, they will be deemed to have been approved. Rejection must be substantiated.
4. If you reject a result, as described in the previous paragraph, in whole or in part, Beam will endeavor to remedy the reason for rejection as soon as possible. Beam may do this by revising the result or by providing a substantiated explanation of why the reason does not apply. Once Beam has completed the foregoing, the result or the application shall be deemed to have been accepted between you and Beam.
5. Beam is entitled to make use of third parties for the execution of the agreement without your consent.
6. Until the full amount for all purchased hardware has been paid, the hardware remains the property of Beam or its suppliers.
7. The warranty provided by Beam regarding the hardware is equal to that of Beam's supplier or the manufacturer. You have the option of requesting the warranty conditions of these suppliers or manufacturers from Beam. If no hardware service has been agreed in the quotation, no service will be provided by Beam regarding the hardware.

Article 7. Additional Work

1. If Beam has performed work or other services at your request or with your prior consent that fall outside the content or scope of the agreed work and/or services, you will compensate these activities or services according to Beam's usual rates on a post-calculation basis. Beam is never obliged to comply with such a request and may require that a separate written agreement be concluded. Additional work includes, for example: resolving problems with third-party applications, developing additional functionality, and providing support for hardware/peripheral equipment from third parties.
2. You accept that the agreed or expected time of completion of the services and the mutual responsibilities of you and Beam may be influenced by activities or services as referred to in this article. The occurrence of additional work during the execution of the agreement is never grounds for you to terminate or dissolve the agreement. To the extent that a fixed price has been agreed for the service, Beam will, upon request, inform you of the financial consequences of the additional activities or services referred to in this article.

Article 8. Fees

1. For the use of the Beam Platform, you owe a monthly fee and an additional fee for each additional user. In addition, you may be required to pay a fee for purchased (RFID) hardware, custom work, training, or otherwise as specified in the quotation.
2. The monthly fee must always be paid in advance, unless otherwise agreed. All amounts, including hourly rates (for on-site work), are exclusive of VAT, travel costs (including call-out charges), and any accommodation costs.
3. Payment can be made via direct debit or by transferring the amount yourself to Beam's bank account.
4. After the expiry of fourteen days from the invoice date, you are in default by operation of law in the event of non-timely payment, without any notice of default being required. If an outstanding amount is not paid within the payment term, statutory interest is owed on the outstanding amount without further notice of default by Beam.
5. Beam is entitled to annually adjust its rates on 1 September on the basis of the CBS consumer price index (all households), series 2006=100, of January compared to January of the preceding year, with a maximum of 4%.
6. Beam is always entitled to demand that you provide sufficient security to fulfill your payment obligations.
7. If you do not pay the invoices for the use of the Beam Platform, Beam also has the right to suspend the use of the Beam Platform as well as other services you purchase from Beam and/or its affiliated companies.
8. In the event of late payment, in addition to the amount owed and the interest accrued thereon, you are also obliged to fully compensate all extrajudicial and judicial collection costs, including costs for lawyers, bailiffs, and collection agencies. Furthermore, the full amount for the remaining contract term is immediately due and payable by Beam, and Beam is entitled to suspend other services.

Article 9. Liability

1. Unless in the event of intent or deliberate recklessness, Beam's liability is limited to the amount you have paid for the three months prior to the moment of the damaging event, with a maximum of EUR 25,000 per year.
2. Beam is expressly not liable for indirect damage, including consequential damage, lost profits, missed savings, mutilation or loss of (business) data, and damage due to business interruption.
3. A condition for any right to compensation is that you report the damage to Beam in writing within 30 days of discovery at the latest.
4. You indemnify Beam against all claims from third parties and fully compensate Beam for these claims.
5. In the event of force majeure, Beam is never obliged to compensate the damage suffered by you as a result. Force majeure includes, among other things, failures or outages of the internet, telecommunications infrastructure, a (D)DoS attack, power failures, civil unrest, mobilization, war, traffic disruption, strikes, lockouts, business disruptions, supply stagnation, fire, and flooding.

Article 10. Term and Termination

1. This agreement commences when you accept the quotation and runs initially for a period of 12 months unless otherwise agreed in the quotation.
2. After this period, the agreement is tacitly renewed for the same period each time. You may always terminate the agreement at the end of the period referred to in paragraph 1 with a notice period of two months. This termination option also applies to Beam.
3. Unless otherwise agreed, the agreement cannot be terminated early. Scaling down the number of users of the Beam Platform during the term of the agreement is also not possible.
4. One (1) day after the termination of the agreement, for whatever reason and by whatever cause, Beam is entitled to delete your data, unless expressly agreed otherwise in writing.

Article 11. Amendments to Terms and Conditions

1. Beam may amend these terms and conditions as well as the prices at any time.
2. Beam will announce changes or additions at least thirty days before they take effect via the Beam newsletter by email, so that you can take note of them.
3. If you do not wish to accept a change or addition, you may terminate the agreement up to the effective date. Use of the Beam Platform after the effective date constitutes acceptance of the amended or supplemented conditions.
4. The latest version of the terms and conditions always supersedes all previous versions.

Article 12. General Provisions

1. This agreement is governed by Dutch law. Disputes will be submitted to the Amsterdam District Court.
2. The version of communication or information as stored by Beam shall be deemed correct, unless you provide evidence to the contrary.
3. You agree with Beam that Articles 6:227b, 6:227c, and 6:271 of the Dutch Civil Code do not apply.
4. You declare to agree to receiving communications by email via the email address you have provided to Beam.
5. Beam is entitled to transfer its rights and obligations under the agreement to a third party that takes over the Beam Platform or the relevant business activities from it.
6. If any provision of these terms and conditions proves to be void, this does not affect the validity of the entire terms and conditions. In that case, the parties will establish replacement provision(s) that, as much as legally possible, give effect to the intention of the original provision.
7. In the event of conflict between provisions in the following documents, the following order of precedence applies:
   1. the agreement;
   2. the Service Level Agreement;
   3. any annexes (including the data processing agreement);
   4. these terms and conditions;
   5. any supplementary terms and conditions.

Version history

Below you will find all versions of these terms and conditions. The current version is always applicable.