Terms and conditions Jesdi

Version 1.0 · effective from 1 October 2026

This is a translation of the Dutch original. In case of any difference in meaning, the Dutch version prevails.

Article 1 – Definitions

  1. Jesdi: Jesdi, established at Eksterstraat 139, 1742 ER Schagen, registered with the Netherlands Chamber of Commerce (Kamer van Koophandel, KvK) under number [KvK-nummer], supplier of the Service.
  2. Customer: the business (such as a restaurant, café or other hospitality establishment) that enters into an Agreement with Jesdi. The Customer acts in the course of a profession or business.
  3. Service: the online reservation system of Jesdi, consisting of, among other things, the reservation widget for the Customer's website, the back office, the phone app with notifications, the guest database and the function for sending newsletters (such as a monthly menu), as described on the website of Jesdi from time to time.
  4. Guests: persons who make a reservation with the Customer via the Service, or whose data the Customer records in the Service.
  5. Users: employees or other persons who have access to the back office or the app on behalf of the Customer.
  6. Agreement: the agreement between Jesdi and the Customer for the use of the Service, of which these terms and conditions and the Data Processing Agreement form part.
  7. Data Processing Agreement: the data processing agreement of Jesdi, available at jesdi.nl/en/data-processing-agreement.

Article 2 – Applicability

  1. These terms and conditions apply to all offers made by Jesdi and to every Agreement.
  2. The Customer's general terms and conditions or purchasing conditions do not apply.
  3. If a provision of these terms and conditions is null and void or is annulled, the remaining provisions remain in force. The parties will then replace the invalid provision with a valid provision that has the same purport as far as possible.
  4. In the event of a conflict between these terms and conditions and the Data Processing Agreement, the Data Processing Agreement prevails insofar as the processing of personal data is concerned.

Article 3 – Formation of the Agreement

  1. The Agreement is formed at the moment the Customer signs up via the website of Jesdi and in doing so expressly accepts these terms and conditions and the Data Processing Agreement, or at the moment the Customer, after being signed up personally by Jesdi, accepts these documents when logging in for the first time.
  2. These terms and conditions and the Data Processing Agreement are made available on the website of Jesdi before the Agreement is concluded, in a way that allows the Customer to store and print them. Jesdi records which version the Customer accepted and when.
  3. The person who signs up the Customer declares that they are authorised to represent the Customer.
  4. Jesdi may refuse a sign-up within 14 days or terminate the Agreement with immediate effect if the details provided turn out to be incorrect or if there is a well-founded reason to assume that the Service will be used in breach of the law or these terms and conditions.

Article 4 – The Service

  1. Jesdi makes the Service available via the internet. For the term of the Agreement, the Customer receives a non-exclusive and non-transferable right to use the Service for its own business.
  2. Jesdi will make reasonable efforts to keep the Service available as well and as uninterruptedly as possible, but gives no guarantee of any particular availability. This is an obligation to use best efforts (inspanningsverplichting).
  3. Jesdi may temporarily take the Service out of operation for maintenance, preferably outside the usual opening hours of hospitality establishments and, where possible, with prior notice.
  4. Jesdi may improve and modify the Service. If a modification removes an essential function, Jesdi will give notice of this at least one month in advance; the Customer may then cancel the Agreement with effect from the date of the change.
  5. E-mails and push notifications are sent via external services. Jesdi cannot guarantee that every e-mail or notification arrives, or arrives on time. The Customer remains responsible for checking the reservations in the back office.
  6. Support is provided by e-mail via info@jesdi.nl, on working days, within a reasonable time.

Article 5 – Price and payment

  1. The price for the Service is € 35 per month, excluding VAT, per establishment. Jesdi charges no commission per reservation or per guest.
  2. When signing up, the Customer chooses between monthly and annual payment. Annual payment comes with a discount of 5%: the Customer then pays € 399 per year, excluding VAT, per establishment.
  3. Jesdi invoices in advance: every month for monthly payment, and at the start of each contract year for annual payment. Invoices are sent by e-mail.
  4. The Customer pays by direct debit. For this purpose, after signing up, the Customer grants Jesdi a recurring SEPA direct debit mandate by means of a one-off payment via the payment environment of Jesdi's accounting software. The invoice amount is debited a few days after the invoice date. If the Customer does not grant a mandate, or if a direct debit fails or is reversed, the Customer will pay the invoice by bank transfer within 14 days.
  5. If a direct debit fails, a direct debit is reversed or an invoice is paid late, the Customer will be notified by e-mail. If the outstanding amount has still not been paid 14 days after that notification, Jesdi may suspend the Service: the reservation widget will then show the Customer's telephone number instead of available times, and the back office will be temporarily inaccessible. The Customer's data will be retained. As soon as payment has been received, the Service will be made available again as quickly as possible. In addition, the Customer owes the statutory commercial interest (wettelijke handelsrente) and reasonable collection costs.
  6. After the end of the first contract period, Jesdi may increase the price once a year by no more than 4%. For annual payment, the first contract period is the first contract year; for monthly payment, it is the first twelve months after signing up. For annual payment, an increase always takes effect only at the start of a new contract year. Jesdi will announce an increase by e-mail at least two months in advance.
  7. Jesdi will likewise announce a price increase of more than 4% per year by e-mail at least two months in advance. The Customer may then cancel the Agreement with effect from the date on which that increase takes effect.
  8. Costs of third parties that the Customer purchases itself, such as its own website or an SMS bundle, are not included in the price.

Article 6 – Term and cancellation

  1. For monthly payment, the Agreement is entered into for an indefinite period and can be cancelled monthly, with effect from the end of the current one-month payment period (calculated from the start date of the subscription).
  2. For annual payment, the Agreement is entered into for a contract year of twelve months. After that, it is tacitly renewed each time for a further contract year, unless the Customer cancels no later than one month before the end of the current contract year. Alternatively, the Customer may switch to monthly payment with effect from the next contract year.
  3. The Customer cancels by e-mail to info@jesdi.nl. Jesdi will confirm the cancellation by e-mail and stop the direct debit as of the end date. Periods already paid for will not be refunded, including where the Customer stops using the Service before the end of a period.
  4. Jesdi may cancel the Agreement subject to a notice period of two months.
  5. Either party may terminate the Agreement with immediate effect and without judicial intervention if the other party is declared bankrupt, applies for a suspension of payments (surseance van betaling) or ceases its business, or if the other party fails to perform an essential obligation and still fails to do so after a written notice of default (ingebrekestelling) setting a reasonable period.

Article 7 – Obligations of the Customer

  1. The Customer provides correct and complete details when signing up and keeps them up to date.
  2. The Customer keeps login details secret, grants access only to its own Users and is responsible for everything that happens with its accounts. In the event of (suspected) misuse, the Customer will notify Jesdi immediately.
  3. The Customer is the controller of the personal data of Guests. Among other things, the Customer ensures that:
    • the Customer has a valid legal basis for processing Guests' data;
    • the Customer's own privacy statement informs Guests about the use of the Service;
    • newsletters and monthly menus are sent only to Guests who have given their consent for this, as the Service enforces by default, and the Customer does not record or circumvent this consent in any other way;
    • sensitive information, such as allergies or dietary requirements, is recorded only insofar as necessary for the visit.
  4. The Customer will not use the Service in breach of the law, the rights of third parties or public decency (goede zeden), nor in a way that may cause damage to the Service or other customers, such as sending spam or overloading the systems.
  5. If the Customer acts in breach of this article, Jesdi may suspend access to the Service until the breach has ended.

Article 8 – Data and personal data

  1. The data that the Customer and its Guests enter into the Service remain the Customer's. Jesdi uses these data only to provide the Service, as described in the Data Processing Agreement.
  2. For the processing of personal data of Guests and Users, Jesdi is a processor within the meaning of the General Data Protection Regulation (GDPR; in Dutch: AVG). This is governed by the Data Processing Agreement, which forms an inseparable part of the Agreement.
  3. Jesdi may use anonymised and aggregated data (for example, the total number of reservations on the platform) to improve the Service, provided that no Guests or Customers can be identified from them.
  4. Until the end date, the Customer can export its data itself in the back office (including the guest database as CSV). Until 30 days after the end of the Agreement, Jesdi will make an export of the data available at the Customer's request. No later than 90 days after the end, Jesdi will delete the data, with the exception of what Jesdi is required by law to retain (such as invoices). Data disappear from back-ups no later than when those back-ups are overwritten.

Article 9 – Intellectual property

  1. All intellectual property rights in the Service, the software, the design and the documentation are vested in Jesdi or its licensors.
  2. The Customer may not copy or resell the Service, make it available to third parties or attempt to discover its source code, except insofar as mandatory law permits this.
  3. The Customer gives Jesdi permission to display its name and logo in the customer list on the website of Jesdi, unless the Customer indicates that it does not wish this.

Article 10 – Liability

  1. The total liability of Jesdi for an attributable failure in performance (toerekenbare tekortkoming) or a tort (onrechtmatige daad) is limited to compensation of direct damage, up to no more than the amount the Customer paid to Jesdi in the twelve months before the event causing the damage, subject to a maximum of € 1,000 per event. A series of related events counts as one event.
  2. Jesdi is not liable for indirect damage, such as lost turnover or profit, missed reservations, empty tables, reputational damage and damage due to business interruption.
  3. The limitations in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of the management of Jesdi.
  4. Damage must be reported to Jesdi in writing as soon as possible and no later than twelve months after it arose, failing which the right to compensation lapses.
  5. The Customer indemnifies Jesdi against claims by third parties, including Guests and supervisory authorities, that result from the Customer's use of the Service in breach of the law or these terms and conditions.

Article 11 – Force majeure

  1. Jesdi is not obliged to perform if performance is not possible due to force majeure. Force majeure includes, among other things: outages at hosting, internet, e-mail or telecom providers, power cuts, cyberattacks that succeed despite reasonable security, government measures and outages at suppliers of Jesdi.
  2. If the force majeure lasts longer than 30 days, either party may terminate the Agreement in writing, without any obligation to pay compensation.

Article 12 – Changes to these terms and conditions

  1. Jesdi may change these terms and conditions and the Data Processing Agreement. Changes will be announced by e-mail and in the back office at least one month before the effective date.
  2. If the Customer does not agree with a material change, the Customer may cancel the Agreement with effect from the effective date. Changes that are required by law or that are solely to the Customer's advantage may take effect immediately.

Article 13 – Governing law and disputes

  1. The Agreement is governed by Dutch law.
  2. The parties will first try to resolve a dispute together. If that does not succeed, the District Court of North Holland has exclusive jurisdiction, unless mandatory law designates a different court.

Contact

Jesdi · Eksterstraat 139, 1742 ER Schagen · info@jesdi.nl