These General Terms and Conditions will only apply to all quotations and Agreements for SYNCXO Services from XOffice International BV

Article 1. Relevance

1.1 To all offerings, orders and Agreements of XOffice (XO), with the exclusion of other General Terms and Conditions, these General Terms and Conditions are applicable. These General Terms and Conditions are filed at the Chamber of Commerce of Amsterdam under number 34220860 and may upon request to XOffice be forwarded to requesting party. These General Terms and Conditions can be found on the web via: http://www.syncxo.com

1.2 The acceptance of any offering or action represents agreement with the General Terms and Conditions as stated herein.

1.3 Within these general conditions deviation from the former, can only be stipulated in writing, which case the remaining provisions remain in effect.


Article 2 Definitions

In the present General Terms and Conditions (hereafter : ‘General Terms’) the following terms shall be defined as;:

a) “XOffice ”: XOffice International BV, established in Amsterdam, The Netherlands, supplier and producer of the SYNCXO Services.

b) SYNCXO Service(s): A license(s) SYNCXO BASIC, license(s) SYNCXO Premium and/or license(s) SYNCXO BUSINESS, of which the amounts due (‘’license fee’’) for each SYNCXO Service will be billed periodically.

c) ‘’ Customer’’: buyer/user of  a SYNCXO Service(s) of XOffice.

d) “Agreement”: any and every agreement entered into between XOffice and Customer, any amendment or supplement thereto and any actions or legal transactions connected with the execution of that Agreement and, seen in retrospect, any and all legal transactions necessary for entering into that Agreement;

e) “Order”: every instruction of the Customer.

f) “Telecom provider (s)”: provider of services on a network for (wireless and/or mobile) telephony and/or internet.

g) ‘’Personal Data’’: all data given that can be identified or identifiable by unique code.

Article 3 Offerings and Agreement

3.1 A quotations or price shall not be binding to XOffice and shall be valid only as an invitation to Customer to place an Order. To the offerings stated on the internet site, written or oral offerings no legal rights are derived.

3.2 Communication with regard to prices, offers indicated with tender or similar communication does not oblige XOffice to close an Agreement with the Customer

3.3 If an offer without engagement by Customer is accepted through a payment, XOffice has the right to revoke this offer within 30 working days after receipt of the acceptance, after such an revoke Customer will get a refund of all payments within 30 working days.

3.4 The agreement will be valid for an initial term of 1 (one) year, this agreement will be automatically extended with a period of one year, unless otherwise agreed upon.

3.5 XOffice is not party to Agreements between Customer and Telecom provider(s). The General Terms and Conditions of the Telecom provider will apply to these Agreements. In case Customer has questions or problems with reference to the service provided by Telecom provider Customer shall in the first place directly contact the Telecom provider.

Article 4 Prices and Offerings

4.1 Prices and conditions as stated on the website: www.syncxo.com and offerings in writing shall not be increased or changed at the duration of the Offering, unless the necessity of legal measures. Price changes as a consequence of legal measurement, will be given notice to Customer in writing or via e-mail. In such an event Costumer has the right to revoke within 30 days.

4.2 All prices and tariffs are inclusive sales tax (VAT)

Article 5 Term of delivery

5.1 XOffice agrees a term of delivery with a maximum of 15 (working) days. The term of delivery will be observed as much as possible. If the stated term of delivery is being exceeded the Customer has the right to dissolve the Agreement. XOffice will refund payments done by Customer within 14 working days.

Article 6 Terms of Transfer

6.1 The term of transfer will start on the moment of acceptance by Customer, for a period of 7 working days.

6.2 When not stated different, Customer has the right for a period of 7 working days after acceptance to revoke the agreement in writing or via e-mail without any motivation and terminate the Syncxo Services. In case of an revoke XOffice will refund all payments within 14 days after receiving the revoke in writing.   

Article 7 Obligations XOffice

7.1 XOffice guarantees that SYNCXO Services supplied to Customer fulfil the needs of Customer privacy as set forth in the Agreement as set forth in the privacy disclaimer.

7.2 XOffice will do the best of its ability to have the SYNCXO Services available 24 hours a day 365 days a year without interruption. SYNCXO Services can be temporary not accessible or available due to maintenance.
7.3 Correction of software errors will be done by XOffice. XOffice will correct these errors to the best of its ability.

7.4 XOffice will be permitted to dissolve the Agreement with Customer in whole or in part without requiring any notice of default or judicial intervention;
- In the event Customer is not paying in accordance with the conditions of payment;
- In the event Customer committed fraud
- In the event of Customers bankruptcy or involuntary liquidation, Customer being granted a (provisional) moratorium of payments
- In the event Customer dies;

7.5 XOffice shall be entitled not to accept an Order for Syncxo Services in case of reasonable cause. XOffice will inform Customer upon written notification.

Article 8 Obligations Customer

8.1 Customer shall at all times provide XOffice in good time with any data or information useful and necessary to a proper execution of the Agreement, and always give every cooperation.

8.2  SYNCXO Services shall solely be used for personal use. The Children’s Online Privacy Protection Act (‘’COPPA”) from 1998 states that a user must be 13 years old to use services like SYNCXO. Customer is obliged to provide XOffice with Customer’s latest and most up to date personal details. For more information about COPPA please visit: http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.pdf

8.3 Customer shall not use SYNCXO Services in a manner that it damages or harms the technical equipment of XOffice. Customer shall not cause trouble with other Customer(s) of SYNCXO Services or technical equipment of other SYNCXO customers.

8.4 Customer shall not use Syncxo Services to send spam-messages or to cause viruses.

8.5 Customer will pay XOffice the licensefee for the SYNCXO Service(s) on time. If payment of the Syncxo Service by Customer to XOffice is done via SMS (SYNCXO Premium € 1,50 per SMS message) the following conditions will be applicable;

- If SMS Messages from XOffice cannot be delivered to Customer, XOffice shall communicate directly per written mail. If Customer, after received XOffice communication does not entitle XOffice to deliver SMS Messages, XOffice withholds the right to annul the delivered services and contract to said Customer, with immediate effect.  

8.6 The right of use of SYNCXO Services is personal. Customer shall not be authorized to transfer its rights and/or obligations from an Agreement to any third party without permission in writing from XOffice.

Article 9  Liability

9.1 The direct damages as meant in this article will be limited to the amount that is or must be paid by Customer to XOffice under the Agreement during the year in which such damages occur. In no event however, shall the total compensation for any direct damage exceed the maximum of the signed Agreement (incl Vat).

9.2 Any and all liability for failure of applications used by Customer, other then provided by XOffice to use the Syncxo Services, is excluded.

9.3 XOffice shall not be liable for damages resulting from a failure of the use of the software and use of the hardware (mobile devices) by Customer in order to use the Syncxo services.  

9.4 Any and all liability resulting from receiving or sending spam- messages and viruses is excluded.

9.5 XOffice shall not be liable for damages resulting from the fact that information (such as Contactpersons, Appointments and E-mail) are not, or temporarily not, saved, deleted or changed through use by that Customer of unsupported hardware and or software.  

Article 10 Force Majeure

10.1 Neither Party shall be bound to meet any obligation if it is prevented from doing so as a consequence of force majeure. If the situation of force majeure has lasted for more than 30 working days both parties shall be entitled to terminate the Agreement in writing or via e-mail in whole or in part. The parties shall inform each other of any force majeure as soon as possible.

10.2 In the event of force majeure, Customer shall not be entitled to any compensation or damages.

10.3 The expression force majeure shall include strikes and lock-outs, stagnation or other production problems suffered by XOffice or any third parties and/or any government measures, as well as the inability to obtain any permit or license from any government body.

Article 11 Intellectual Property

11.1  All intellectual or industrial property rights to any software, equipment or other materials developed or provided under the Agreement, such as analyses, designs, documentation, reports, offers, and any preparatory material belonging thereto, shall solely be held by XOffice or its licensers. Customer will only acquire for them a non-exclusive and non-transferable rights of use as are explicitly granted hereunder, unless specifically otherwise agreed upon in writing in a document signed by both parties. Customer shall not copy the software or other materials or make any copies thereof.

11.2 Customer shall indemnify XOffice against any action both in and out of court of third parties.

Article 12 Security Statement

For the services XOffice utilizes some of the most advanced technology for Internet security available today. All Customers and individual logins/accounts are kept separated at all times. Secure Socket Layer (SSL) technology optionally protects your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered users.
XOffice provides each user with a unique user name and password. All passwords are secret, only known to the user himself and can only be successfully requested by him and are only sent to his e-mail account.
All data is secured each day in a separate backup, which is then stored for fourteen days. After fourteen days the back-up is stored for another month before the back-up is deleted.  All XOffice servers have mirrored discs and redundant servers with the exact same data on it. Should one disc fail, the other one takes over immediately.
All servers are located in a high-security data center, that is certified according to ISO 9001:2000. The center is secured against all kinds of natural disaster, power outages and unauthorized intruders from the outside.
The data center is directly connected to an own lightning fast European Gigabit backbone. This backbone has direct high-speed connections to all mayor providers and is accessible even if up to 60% of the technique involved fails.

Article 13 Internet Delays

Suppliers products may be subject to limitations, delays, and other problems inherent in the use of the internet and (mobile) data connections such as the UMTS/GPRS networks of mobile operators. Supplier is not responsible for any delays, delivery failures, or other damage resulting from such problems

Article 14 Account Information and Data

14.1 Supplier does not own any data, information or material that Customer stores to the Suppliers servers in the course of using the Products ("Customer Data"). Customer, not Supplier, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Supplier shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Therefore supplier shall not be liable for viruses on Customer data.

14.2 In the event the Agreement is terminated (other than by reason of your breach), Supplier will make available to Customer a file of the Customer Data within 30 days of termination if you so request at the time of termination.

14.3 Supplier reserves the right to use it’s own discretion at all times to withhold, remove and/or discard Customer Data by giving motivated notice in writing or via e-mail to Customer subject upon 3 month notice. Customer is obliged  to cooperate with XOffice in order to prevent unlawful use of the Syncxo Services.

14.4 In the event of unlawful use as stated in article 14.3 Supplier shall have no obligation to maintain or forward any Customer Data to Customer.

14.5 The maximum data storage space provided to Customer at no additional charge is (i) 25 MB per Customer for Syncxo Free, (ii) 25 MB per Customer for Syncxo Basic, and (iii) 250 MB per Customer for Syncxo Premium. If the amount of data storage required exceeds these limits, you will be charged the then-current storage fees. Supplier will use reasonable efforts to notify Customer when the average storage used per license reaches approximately 90% of the maximum; however, any failure by Supplier to notify Customer shall not affect Customer’s responsibility for such additional storage charges.  

14.6 Supplier reserves the right to establish or modify its general practices and limits relating to storage of customer data.

Article 15 Applicable law, competent court

15.1 The law of the Netherlands shall be applicable to the present General Terms and to all other Agreements.

15.2 Any disputes that might arise between Supplier and Customer in connection with any Agreement or in connection with any further agreements that might result thereof, shall be resolved by the competent courts of The Netherlands within the District of Amsterdam.

15.3 If the content of the General Terms & Conditions of the Syncxo Services contradict to one or more General Terms of XOffice International b.v. or any of it’s companies, these General Terms & Conditions will prevail.
More information

You can send all correspondence regarding your privacy to;

XOffice International BV
Afdeling: Customour support SYNCXO
Antwoordnummer 132
1100 WC, Amsterdam Zuidoost
The Netherlands