Terms and Conditions

Last updated: 27 September 2026

These terms and conditions apply to all offers, agreements and services of RMS by Riemersma relating to the Riemersma Management Suite (the "Software") and the associated services (together the "Service"). By entering into an agreement or using the Service, you agree to these terms. These terms are intended for business customers.

1. Company details

  • Provider: Riemersma (RMS by Riemersma)
  • Address: Breuningslaan 26, 8471 ZT Wolvega
  • Chamber of Commerce number: 96579153
  • VAT number: NL005217547B44
  • Email: rowan@riemersma.co.nl
  • Phone: +31 6 47 38 33 97
  • Website: https://riemersma.co.nl

2. Definitions

  • We / us: RMS by Riemersma, provider of the Software and the Service.
  • You: the business customer (company or entrepreneur) entering into an agreement with us.
  • Software: the Riemersma Management Suite, including website, webshop, point of sale (POS), dashboard and associated modules, updates and documentation.
  • Service: the delivery of the Software as an online service (SaaS), including hosting, maintenance and support.
  • Set-up: the one-off design, build and configuration of your website, webshop or point of sale at the start of the agreement.
  • Legal Documents: the Service Level Agreement (SLA), the Data Processing Agreement, the Acceptable Use Policy, the Set-up and Content Policy, the Privacy Policy, the Cookie Policy and the Disclaimer.

3. Applicability

3.1 These terms apply to every offer and agreement between you and us. Your own purchasing or other terms do not apply, unless we have accepted them in writing.

3.2 In addition to these terms, the Legal Documents apply. The Privacy Policy, the Cookie Policy and the Disclaimer are published on our website; the customer-specific documents (SLA, Data Processing Agreement, Acceptable Use Policy and Set-up and Content Policy) are available in the customer portal under Documents. In the event of a conflict, the individual service agreement prevails, then these terms, then the Legal Documents. For the processing of personal data, the Data Processing Agreement prevails.

4. The Service

4.1 You receive a non-exclusive, non-transferable right to use the Software for as long as the agreement is in force. Article 8 sets this out in detail.

4.2 The Service includes hosting within the EU, technical support in accordance with the SLA and regular updates and security updates. Which modules you purchase and what they cost is set out in the service agreement and in the price overview on our website.

5. Prices and payment

5.1 You pay a fixed monthly subscription fee per package; domain names are invoiced per year. All amounts are exclusive of VAT. No VAT is charged under the Dutch small businesses scheme (kleineondernemersregeling, KOR); the prices stated are the full prices. If the KOR status ends, all prices will become exclusive of VAT and 21% VAT will be charged on top.

5.2 If our VAT status changes, you will be informed at least 30 days in advance.

5.3 You pay within 14 days of the invoice date. If you pay late, you are automatically in default and we may temporarily suspend the Service after a warning.

5.4 We may adjust our rates annually. In doing so we aim for an increase of no more than 3% per year and we announce every adjustment at least 30 days in advance by email. If you do not agree with an increase, you may terminate the agreement with effect from the date it takes effect.

5.5 You pay monthly, or by arrangement a longer period in advance. Prepaid periods are not refunded if you cancel; we do set off the unused part of the prepayment against any amount you owe under article 6.5. If we end the agreement under article 6.4 or article 11.2, or if you cancel following a change as referred to in article 5.2, 5.4 or 13.2, we refund the prepaid amount for the remaining period on a pro rata basis.

6. Duration and termination

6.1 The agreement starts on the agreed date and runs for an indefinite period, unless a term has been agreed in the service agreement. You can cancel monthly with a notice period of one month, unless agreed otherwise in writing. Cancellation is made in writing; email suffices.

6.2 After termination you have 30 days to export all your data (60 days in the case of article 6.4). After that we delete the data in accordance with the Privacy Policy and the Data Processing Agreement, except for data we are legally required to retain.

6.3 We may terminate the agreement with immediate effect if you fail to pay for more than 30 days and also fail to pay within 14 days of our written reminder, if you seriously or repeatedly act in breach of these terms or the Acceptable Use Policy and do not remedy that within 14 days of our written notice, if you use the Software for unlawful purposes, or if you have deliberately made an incorrect statement about the rights to content you supplied or designated (article 9.7).

6.4 If we decide to discontinue the Service or part of it, for example on winding up the business or where continuation is no longer viable, a notice period of at least 90 days applies. You will be informed by email. In that case we refund the prepaid amount for the remaining period on a pro rata basis and you can export your data until 60 days after termination.

6.5 At the start of a website, webshop or point of sale we may deliver the Set-up with a set-up discount on the condition that the agreement remains in force for 24 months. The Set-up Value is based on the average number of hours we spend on such a Set-up at our hourly rate from the price overview, rounded down, and is never higher than the price at which we deliver the same Set-up separately; the amount is stated, exclusive of VAT, in your service agreement and the basis in the Set-up and Content Policy. The discount is earned definitively in equal parts (1/24) per full month. If the agreement ends within 24 months because you cancel, or because we terminate under article 6.3, we only invoice the part not yet earned, less the unused part of any prepayment. You pay nothing if you cancel following a change as referred to in article 5.2, 5.4 or 13.2, if we end the agreement for another reason (including article 6.4) or in the event of force majeure (article 11.2). The month-by-month step-down is set out in the Set-up and Content Policy as published on the start date of your agreement.

7. Beta status

The Software is under active development (beta): it may contain errors and features may change, be added or removed. We advise you to make regular backups of your own. The full beta terms and limitations are set out in the Disclaimer.

8. Intellectual property and right of use

8.1 All intellectual property rights in the Software, the documentation, the design and the trademarks rest with us or with our licensors. This also applies to the design, the technology and the configuration of your Set-up. You receive only a right of use: non-exclusive, non-transferable and valid for as long as the agreement is in force.

8.2 You may not copy, modify, reverse-engineer, rent out, lend or make the Software available to third parties, remove copyright notices, or circumvent technical protection measures.

8.3 Your data and your content remain yours. We claim no ownership of what you enter or supply (customers, orders, products, copy, images, files and settings) and you can export it at any time in a common format. Your domain name remains yours.

8.4 If you make suggestions to us for improving the Software, we may use these freely without owing any compensation for them.

8.5 We may show your website, webshop or point of sale, your trade name and your logo as a reference in our portfolio and marketing, for example with a screenshot and a link. If you do not want this, let us know in writing; we will then remove the reference within 14 days.

9. Your content and your responsibilities

9.1 You are responsible for everything you place and publish in the Software: texts, images and other media, the accuracy of product information, prices and stock, third-party rights in that content, and compliance with the legislation that applies to your own business (including consumer law and price indication rules).

9.2 If you run a website or webshop on the Software, you are responsible for your own legal pages towards your visitors, including an up-to-date privacy statement and, when you sell online, terms and conditions and a return policy.

9.3 For the personal data of your customers you are the controller and we are the processor. What we do in that role and which safeguards apply is set out in the Data Processing Agreement.

9.4 You manage the accounts and access rights within your organisation yourself and handle login details with care. If you suspect misuse, report it immediately via rowan@riemersma.co.nl.

9.5 We are not liable for damage arising from content or settings managed by you, including pricing errors, incorrect product information and third-party claims relating to them.

9.6 Your website or webshop shows the legally required details of your business: trade name, registered name, Chamber of Commerce number, VAT number, business address and email address. We place those details based on what you supply; you are responsible for their accuracy and for registering any trade name used with the Chamber of Commerce.

9.7 If you supply content to us or designate sources from which we may take content, you warrant that you hold the rights to it or have permission from the rights holder, and you demonstrate that permission at our request. You indemnify us against third-party claims in that respect. In the event of a complaint or claim we may take the content concerned offline immediately. How supplying, rewriting and approval work is set out in the Set-up and Content Policy.

10. Confidentiality

We and you keep confidential all confidential information received from each other, use it only for the performance of the agreement and share it only with employees or advisers who need access to it. This obligation continues to apply after the agreement ends. It does not apply to information that is already public, that a party has developed independently, or that must be disclosed by law.

11. Force majeure

11.1 Force majeure means circumstances beyond our control that prevent performance. These include in any event disruptions to internet or telecommunications connections, failures at our hosting or cloud providers, power outages, DDoS and other cyber attacks, government measures, strikes, pandemics and natural disasters, and prolonged illness or incapacity for work on our side (we are a sole proprietorship).

11.2 In the event of force majeure our obligations are suspended. If the force majeure lasts longer than 60 days, both you and we may dissolve the agreement without any compensation being due. We refund prepaid amounts for the period not delivered.

12. Liability

12.1 Our liability is limited to the amount you paid for the Service in the preceding 12 months.

12.2 We are not liable for indirect damage, consequential loss, lost profit or data loss, except where the damage was caused intentionally or through deliberate recklessness. We are a sole proprietorship and do our utmost to deliver the Service properly in accordance with the SLA, without guaranteeing a specific result.

13. Changes

13.1 We may amend these terms and the Legal Documents. In the event of significant changes we will inform you at least 30 days in advance by email. Amounts, terms and schedules laid down in your service agreement do not change as a result.

13.2 If you do not agree with a significant change, let us know within 14 days of our announcement; you may then terminate the agreement with effect from the date the change takes effect. If you continue to use the Service after that date, the amended terms apply.

14. Applicable law

Dutch law applies to all agreements. Disputes are submitted to the competent court of the district in which we are established, to the extent the law permits.