Terms & Conditions
Article 1 — Definitions
New Balls Management: New Balls Management V.O.F., established at Ceramiquelaan 59, 1031 KG Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 42101516.
Client: the natural or legal person who enters into an agreement with New Balls Management.
Platform: the SaaS software of New Balls Management for managing tennis and padel academies, including all associated tools, modules and documentation.
Subscription: the licence for use of the Platform on a monthly basis.
Article 2 — Applicability
These terms and conditions apply to all quotations, agreements and services of New Balls Management. Any deviations are only valid if agreed in writing.
Article 3 — Subscription and use
- The subscription is invoiced monthly or annually.
- The client receives a non-exclusive, non-transferable licence to use the Platform.
- The client may not resell, sublicense or otherwise make the Platform available to third parties.
Article 4 — Payment
Payment is collected by SEPA direct debit on the basis of the mandate provided at the start of the subscription. If a collection fails, New Balls Management is entitled to suspend access to the Platform until the amount due has been paid.
Article 5 — Cancellation
The subscription has a minimum term of 6 months. After this period, the subscription can be cancelled monthly with a notice period of one calendar month. No termination fees apply.
Article 6 — Liability
The liability of New Balls Management is limited to the amount paid by the client in the three months preceding the event causing the damage. New Balls Management is not liable for indirect damage, consequential damage or lost profits.
Article 7 — Availability
New Balls Management aims for Platform availability of at least 99% per month, excluding scheduled maintenance. In the event of a disruption, the client will be informed as soon as possible.
Article 8 — Confidentiality
Both parties are obliged to maintain confidentiality with regard to all confidential information they receive in the context of the agreement.
Article 9 — Intellectual property and protected technology
All intellectual property rights in and to the Platform — including but not limited to the source code, algorithms, user interface, design, functionality, workflows, documentation, trade names and logos — belong exclusively to New Balls Management. The licence granted to the client only permits the intended use of the Platform and does not transfer any intellectual property rights whatsoever.
The client and any parties affiliated with the client are expressly prohibited from:
- copying, replicating, reverse-engineering, decompiling or otherwise dissecting the Platform or any part of it;
- adopting the user interface, workflows, design elements or tools of the Platform, in whole or in part, into any other product or service;
- developing derivative products, competing services or scripts based on (parts of) the Platform;
- using screenshots, exports or data from the Platform to train machine-learning models or to build comparable software;
- using the trade names, logos or brand assets of New Balls Management without prior written consent.
In the event of a breach of this article, the client owes New Balls Management an immediately payable penalty of € 25,000 per breach, increased by € 1,000 for each day the breach continues, without notice of default being required and without prejudice to New Balls Management's right to claim full damages and/or performance.
Article 10 — Applicable law
These terms are governed by Dutch law. Disputes will be submitted to the competent court in Amsterdam.
Article 11 — Contact
For questions about these terms, please contact us at info@newballsmanagement.com.