1.1 (MY) ACCOUNT: the personal section of the Online Platform with the by the User submitted, or Users from social media Account(s) requested, (personal) data, created by the User when registering for the Service and managed by the User;
1.2 BIDDER: the natural person or legal entity that uses the Service to rent a Property through Auction indicated on the website as ‘tenant’;
1.3 BID: the amount offered by the Bidder on an Auction for a Property;
1.6 USER: Landlord (or agent on behalf of the Landlord) and/or Bidder which makes use of the service;
1.7 USER DATA: information on the Online Platform that comes from Users, or via the Online Platform made accessible or published by Users, including- but not limited to – Properties, descriptions of Properties, photographs, specifications, logos, messages;
1.8 INTELLECTUAL PROPERTY RIGHTS: all Intellectual Property Rights and the related rights, such as copyrights, trademarks, patents, design rights. Trade name rights, database rights and neighboring rights, and domain names and rights to know-how;
1.9 PROPERTY: a Property offered for rent (or parts thereof), business premises and/or storage which may be auctioned to rent by the User;
1.10 ONLINE PLATFORM: the digital environment of TheNextBid which is to be reached through the internet and where the User is enabled through software developed and offered by TheNextBid to buy the Service as accessed through www.thenextbid.com and other by or on behalf of TheNextBid registered top level domains, including all subdomains and sub-pages, and mobile versions of those sites as well as all software and software (mobile) applications that the Service can be used, including on mobile devices such as smartphones and tablets;
1.11 PARTIES: User and TheNextBid;
1.12 PERSONAL DATA: all information provided by a User to TheNextBid to use the Service and which are traceable to his or her person;
1.13 THENEXTBID: trade name of the private company Prosfora BV, based in Amsterdam and is registered with the Chamber of Commerce under number 70364001;
1.14 AUCTION: the online Auction on the Online Platform in which a Property is offered. The Auction may be provided by Users. The actual rental agreement between the Landlord and the Bidder is not established on the Online Platform;
1.15 LANDLORD: the natural person or legal entity that uses the Service to Auction a Property through Auction;
1.16 ASKING PRICE: The, by the User provided and specified monthly rental price which the User deems viable during an Auction for a large group of Users who belong to the potential audience to rent the Property. If there is a Property with an existing listing on a public website than the listing price of the Property is adopted.
2.3 Deviations and additions to the General Conditions and/or Agreement are only valid if accepted by TheNextBid writing.
3.1 User accepts that the Service and the Online Platform contain only the functionalities and other features as User finds them at the time of use ( “as is basis”). TheNextBid explicitly excludes explicit and implied warranties, representations and indemnities of any kind, including but not limited to quality, safety, legality, integrity and accuracy of the Service.
3.2 User acknowledges that functionality of the Service and the Online Platform may change.
3.3 Landlords offer Properties on the Online Platform and User rent these Properties directly from Landlords. TheNextBid only plays a facilitating and supportive role by providing an Online Platform and additional services. TheNextBid can not control or bear responsibility for the quality, safety, legality or correctness of the offered Properties, the authorization of Landlord to rent out Properties or the authority or ability of Bidders to rent Properties.
3.4 User acknowledges and accepts the special circumstances that can occur at an Auction and (technical) imperfections that can arise. It should be considered, among other things – but not limited to – the inability to obtain (full) access to the Online Platform, not being able to or not timely submit a Bid, malfunctions or defects in the Online Platform or underlying hardware, network connections or software. Also, maintenance of the Online Platform or the underlying system can hinder (unrestricted) access or (timely) submission of a Bid. TheNextBid is not liable for any damage suffered by the User as a result of such (technical) flaws.
4. Signing up for the service
4.1 In order to make optimal use of the Service, User must create an Account in the way described on the Online Platform. User guarantees to TheNextBid that the information he provides when creating his Account is complete, accurate and current. During registration, the User must enter an email address and password, which can be used to access the Account.
4.2 User is obliged to comply with all tax laws and regulations and in this context to register his entry in the correct way and provide all necessary information. User is fully responsible for the consequences of providing incomplete or inaccurate information regarding its tax position and indemnify TheNextBid full for all claims of third parties, including the tax authorities, and all resulting or related damage and/or costs any claims, damages and costs TheNextBid will be passed directly to User
4.3 It is not allowed to create an Account in the name of another person and/or providing false information or allowing others to log in on behalf of User.
4.4 User must protect the access to his Account using the email address and password against unauthorized people. In particular, User shall keep the password strictly secret. TheNextBid may assume that all operations of User Account after login with their email address and password, is done under their direction and supervision. User is responsible for all these acts.
4.5 Once User knows or has reason to suspect that a password has come into unauthorized hands, User must inform TheNextBid, without prejudice to his own obligation to take immediate effective measures themselves, such as changing their password.
4.7 TheNextBid reserves the right to change the registration and login procedure or password if deemed necessary in the interest of TheNextBid, third parties or the functioning of the Service.
4.8 TheNextBid reserves the right to deny Users the right to register and participate in an Online Auction and/or unilaterally terminate this.
5. Offering Properties
5.1 Properties can be refused for auctions without giving any reason.
5.2 When offering Properties for Auction Landlord must provide information about the offered Property in a clear, comprehensible unequivocal manner.
5.3 TheNextBid is not responsible towards other Users or liable for the description of Properties, including the information and statements Landlord specified in Article 5.2. Landlord agrees that TheNextBid may propose to apply changes and/or additions to the description of the offered Property. Landlord however has the possibility to check the description before the start of the Auction, will he use this possibility to apply changes, he guarantees that the Property meets the description standards and indemnifies TheNextBid against a claim by the Bidder in connection with non-compliance thereto.
5.4 The Landlord guarantees that by offering a Property he is not in violation of any law or regulation, will not infringe rights of third parties, including agreement rights and Intellectual Property rights and is not fraudulent or acts otherwise illegally and/or fraudulent towards third parties or TheNextBid. The Landlord shall indemnify TheNextBid of any claims of the Bidder or third parties in relation to the legality of renting out a Property or related to any breach of this Article 5.4 or any damages or costs related thereto. The Landlord also ensures the provision and renting out the Property is a sincere and genuine transaction.
5.5 Properties can be withdrawn by the Landlord until the moment they are published on the Online Platform and are visible to other Users. After that, the Property and the information in the Auction can not be withdrawn by the Landlord. At the request of TheNextBid Landlord should (before the Object may be removed from the auction) provide documents, records or other evidence to support its request for removal. Only when sufficient evidence has been presented, may TheNextBid in its sole discretion remove the Object, stop the Auction and inform the Bidders.
5.6 In the event that the Auction has already been published on the Online Platform and the Object is removed by TheNextBid at the request of the Landlord. The Landlord owes TheNextBid an amount of one hundred (100) Euros.
5.7 Objects are auctioned exclusively on the Online Platform and will not be auctioned through other channels (anymore). Landlord will remove auctions of the Property on other sites, including auction platforms, online marketplaces and (own) shops as well as offline terminate auctions and/or plans.
5.8 After creating the Auction, Objects will not be rented out through other channels. If an interested potential Tenant reaches (or wants to reach) a rental agreement with the Landlord, other than via the Online Platform, the Landlord must reject this and refer the interested potential Tenant to the Online Platform so he can act as Bidder to make a Bid for the Object.
6. Sale of Online Auctions
6.2 TheNextBid has the right to make it temporarily or permanently impossible for Users to offer Objects for Auction or to bid at all times, both before, during and after an Online Auction.
6.3 TheNextBid has the right, in its sole discretion, if deemed necessary, to remove a Bid at the Online Auction, for example in case of possible abuse, fraud or an obvious mistake of the Bidder.
6.4 TheNextBid has the right to, as precondition to bid, ask for a deposit to assure the fulfillment of the payment.
6.5 Users can utilize the “automatic bidding” functionality at the Online Auction where with no further intervention from the User bids are made automatically up to a certain maximum set by the User. The amount by which the User should at least raise the Bid depends on the highest valid Bid at that time. The minimum bid increments are listed on the Online Platform. If during the last ten minutes of the duration of the Online Auction a Bid is made, extra time is added to the Online Auction.
6.6 Each Bid shall be deemed to have been made by the person whose Account is rerental agreementd through the Bid. User is with respect to the Landlord always personally tied to Bid cast through his Account even if a third party makes Bids through its Account.
6.8 The Landlord is not allowed to issue a Bid on Objects offered by the Landlord himself and/or others to give the task to Bid.
6.9 On the Online Platform and/or via (email)messages of TheNextBid additional terms can be communicated which apply to the offering of Objects for Auction and/or doing Bids.
7. Prices and Payment
7.1 In order to use the Service the Landlord must pay a monthly subscription fee or yearly subscription fee. These subscriptions are automatically renewed. The monthly subscription with be extended with a month and the annual subscription with a year.
7.2 A Landlord who is new on the Platform may use the Service once free of charge.
7.3 The monthly subscription can be terminated on a monthly basis and must be canceled 10 days before the start of the new contract month. The yearly subscription can be terminated on a yearly basis and must be canceled 10 days before the start of the new contract year.
7.4 Except explicitly stated otherwise, all by TheNextBid and/or the Online Platform prices are excluding value added tax (VAT).
7.5 The prices charged by TheNextBid may be changed without prior notice by TheNextBid.
7.6 If the User does not wish to accept a change in prices, they may terminate the Agreement until the date of entry into force. Use of the Service after the effective date serves as acceptance of the amended or supplemented terms.
7.7 If the User does not make the payment within seven (7) days after receiving the invoice has been sent to TheNextBid, he gets a reminder. If the Landlord after fourteen (14) days did not make the payment, he will automatically be in default towards TheNextBid without a default notice being required. From that moment TheNextBid is entitled to limit its services, for example by limiting access to the Service. In addition, the Bidder will be notified and advised to search for another Object. Also Landlord is due interest at the statutory rate. TheNextBid will send at least one (1) reminder with respect to the amount due to TheNextBid. If payment is still not made, the claim can be outsourced by TheNextBid. In that case, all legal costs incurred by TheNextBid related to late payment are at the expense of the Landlord. The extrajudicial costs are determined in accordance with Dutch law norms, extrajudicial costs amount to at least forty (40) Euros.
7.8 Regarding the amount paid and/or owed by User, full evidence is provided by relevant documents and information from the administration of TheNextBid, without prejudice to the right of the User to provide proof to the contrary.
7.9 User cannot adhere TheNextBid to offers or prices which they could reasonably expect that the offer and/or price is an obvious mistake or clerical error.
7.11 User is not entitled to settle or suspend any payment of amounts due on any grounds whatsoever.
7.12 User agrees to electronic invoicing by TheNextBid. Invoices will be sent to the by User registered email address.
7.13 Payment is made by means of iDeal, credit card, PayPal, or manual transfer.
7.14 All invoices will be paid by the User in accordance with the payment terms specified in the Agreement and/or the invoice. In the absence of specific conditions, the User within three (7) days to pay the invoice date.
8. Use of Service
8.1 Any use of the Service and the Online Platform is at the risk, expense and responsibility of the User.
8.2 By placing User Data on the Online Platform or made available through the Service, including the Forum, User guarantees that:
(ii) The User Data that he provides:
a) It is not misleading;
b) Non-discrimination in respect of appearance, race, religion, gender, culture, ethnicity, or otherwise offensive, not incite violence against and/or harassment of another or others and, in the opinion of TheNextBid, not conflict with decency or good taste, is not violent, no link to pornographic material or pornographic websites and does not promote the Commission of illegal activities;
c) Contains no personal information of others;
d) Not includes chain letters, junk mail or spamming and contains no links to or not commercial websites;
e) No negative effects on the honor or reputation of TheNextBid, its affiliates and/or its directors;
(iii) TheNextBid therefore will not be required any payment, taxes, charge or deduction of any kind to anyone, including persons and parties whose work, model, brand or performance contained in its User Data, including understood to collective rights organizations.
8.3 User using the Service must comply with all applicable national, European and international regulations regarding – including, but not limited to – its activities relating to bidding for or offering Objects via the Online Platform.
8.4 User shall not process Personal Data about other Users without permission of the User, such as incorporating Users in a mailing list without the User’s explicit consent or to approach them without being asked for it. User will not use the contact information of other Users for sending unsolicited communications. User is owed to TheNextBid an immediately due and payable fine of one thousand (1000) Euros for each violation of this provision.
8.5 User guarantees that in using the Service:
(i) The Online platform and the billing process of TheNextBid will not be evaded or manipulated as to make direct contact with other Users or third parties to reach a rental agreement outside TheNextBid. All involved Users are jointly and severally liable for all resulting damages of the violation of this provision, and are to reimburse all caused damage and costs of TheNextBid;
(ii) No viruses, Trojan horses, worms, bots, or other software or technical tools that can damage the Service or the Online Platform will be used, or to disable access to the Service or the Online Platform or intended for technical protection bypass;
(iii) No action will be performed which can lead to an unreasonable and/or disproportionate seizure of the infrastructure of the Service and/or obstruct the functionality of the Service;
(iv) No applications will be used which monitors the Service and/or copies parts of the Service.
8.6 User is owed to TheNextBid an immediately due and payable fine of one thousand (1000) Euros for each violation Article 8.5 and every day, a part of a day, that the violation continues, without prejudice to the right of TheNextBid to recover its actual loss.
8.7 All technical resources that are needed to use the Service, including, without limitation, hardware and Internet access, as well as the cost of using them, are the sole responsibility of the User.
9. User Data
9.1 User retains all Intellectual Property Rights of its User Data, but grants TheNextBid hereby a free, unencumbered, worldwide, non-exclusive, perpetual, non-terminable license to publish its User Data and/or reproduced for any purposes TheNextBid deems necessary , including – but not limited to, – promotional purposes. This license does not end at the time TheNextBid or the User deletes the User Account.
9.2 User TheNextBid gives under such license including, without exclusion:
(i) The right to (automatically) translate (by TheNextBid or an outside party) his User Data;
(ii) The right to print his User Data and/or use with (social) media; and
(iii) The right to use his User Data for promotional purposes.
9.3 User hereby, as far as applicable and as far as possible relinquishes himself from his moral rights to User Data.
9.5 User understands and accepts that he is responsible and liable for any User Data that he placed on the Online Platform or makes accessible through the Service.
9.6 User understands and accepts that TheNextBid has no obligation to monitor and/or view User Data from other Users. TheNextBid has no knowledge of the content of any User Data and is not responsible and/or liable for this content.
9.7 If the User believes that certain User Data is unlawful, then User can report this to TheNextBid. User can find here more information about how to file a report.
9.8 TheNextBid reserves the right to remove User Data from the Online Platform, to shorten or otherwise makes changes if it sees reason to do so without accepting any responsibility or liability of its content, without being held liable for any damage and without being obliged to pay any compensation. This Article allows other rights and remedies of the TheNextBid intact and TheNextBid reserves the right to take further (legal) measures, including – but not limited – to provide Personal Data to third parties.
10. Availability and interruption of the Service
10.1 TheNextBid guarantees that (all parts of) the Service and/or the Online Platform are available at any time and without interruption or interference. Faults in the Service can occur due to, but not exclusively, failures in the Internet or telephone connection, or by viruses or faults/defects. TheNextBid is in no way responsible or liable towards the User for any damage resulting from the (temporary) unavailability or (interim) failure of the Service and/or the Online Platform.
10.2 TheNextBid is entitled to apply at any time, without prior notice, procedural, technical, commercial or other changes and/or improvements to the Service and/or the Online Platform, put the Service and/or the Online Platform (temporarily) out of order and/or limit its use if necessary, in its view, for example, under reasonably required maintenance to the Service and/or the Online Platform.
11. Intellectual Property Rights
11.1 The Intellectual Property rights regarding the Online Platform, Service, Information, and the database, including – but not limited to – the Intellectual Property rights to the texts, images, design, photographs, software, audiovisual material and other materials are held by TheNextBid or its licensors.
11.5 TheNextBid can take technical measures to protect the Online Platform or the Service and/or individual parts. User cannot (offer resources to) remove or circumvent these technical protection measures.
11.6 If the User sends information to TheNextBid such feedback about an error or suggestion for improvement, he gives TheNextBid unlimited and perpetual license to use this information for the Service. This does not apply to information that User explicitly marked as confidential.
11.7 It is not allowed to remove, make unreadable, hide or change notices or statements regarding Intellectual Property.
11.9 If User provisions of this Article fails User shall owe a fine of five hundred (500) Euros for each violation and one hundred (100) Euros per day which continues the violation with a maximum of five thousand (5,000) Euro forfeit to TheNextBid. This does not affect the right of TheNextBid to claim additional damages from User.
12. Databank en Privacy
12.1 The set of (personal) data of Users, including User Data and the information that is collected by TheNextBid and displayed on the Online Platform, is a legally protected database. TheNextBid is the producer of the database, and has the exclusive right to authorize:
i) The retrieval or reuse of all or in qualitatively and/or quantitatively terms substantial part of the contents of the database; and
ii) The repeated and systematic extraction or re-utilization of in qualitatively and/or quantitatively terms insubstantial parts of the contents of the database, if this is in conflict with the normal exploitation of the database or causes unjustified damage to the legitimate interests of TheNextBid.
13. Melding van vermeend onrechtmatig materiaal
13.1 TheNextBid shall not be liable for any damages in connection with the unlawful use of the Online Platform or the Service. TheNextBid is, only under the conditions stated below, kept to remove unmistakably unlawful User Data after receiving a notification.
13.2 TheNextBid reserves the right not to proceed with granting a request to block or delete User Data or terminate an activity if it has reasonable grounds to doubt the accuracy of the report or the legitimacy of the evidence, or if a balancing of interests does not require this of her. In that context TheNextBid can for instance desire a judicial decision of a competent court, which decision demonstrates that the relevant User Data is unmistakably unlawful.
13.3 Prior to removing any possible unlawful User Data TheNextBid may ask the notifying party to provide: additional information demonstrating that the notifying party is indeed legally entitled. TheNextBid may also request the notifying party for a signed copy of a statement of compensation for TheNextBid.
13.4 TheNextBid will not in any way be a party in a dispute between the User and any third party who makes a report.
13.5 If User makes a report, the User indemnifies TheNextBid and all its affiliated companies and its directors, officers, employees, representatives and successors for any claim by third parties in connection with the blocking or deletion of User Data or termination of activities. The indemnification includes all damages suffered by TheNextBid, will yet suffer or costs TheNextBid must incur in connection with such a claim, including – but not limited to – the reimbursement of legal fees.
13.6 TheNextBid respects and protects the privacy of those doing the reporting. Any personal information provided to it in connection with a report will be treated confidentially and will only be used for the consideration of the report.
14.1 TheNextBid accepts no liability for damage resulting from the provision of the Service, including but not limited to damages arising out of or relating to the use of the Online Platform and/or the Service or in tort or otherwise, to the extent permitted by mandatory law.
14.2 TheNextBid is explicitly not liable for indirect damages, consequential damages, lost profits, lost savings and loss due to business interruption.
14.4 TheNextBid can never be held liable for any damage suffered as a result of as Bidder or as Landlord coming to a rental agreement, including – but not limited to – damage caused by User as he signed for unfavorable agreements, for example there needs to be paid more or less than the (post-fixed) rental value of the Object.
14.5 The only action that User can undertake if he believes that he has suffered damage, is to discontinue use of the Service and delete his Account, under the application of Article 15.
14.6 When TheNextBid would be, despite the abovementioned, still liable for damages for whatever reason, it is only liable for direct damages suffered by User due to TheNextBid shortcoming or wrongful act. Direct damage is defined only as material damage to property, reasonable costs incurred to prevent or limit direct damages and reasonable costs incurred to determine the cause of damage, liability, the direct damage and the method of recovery.
14.7 To the extent TheNextBid would be liable for damages of whatever nature, is its liability limited to direct damages up to the amount that the User in twelve (12) months prior to the harmful event paid to TheNextBid and with a maximum of five hundred (500) Euro including VAT per event, whereby a series of related events count as a single event.
14.8 This limitation does not exclude the TheNextBid’s liability for intent and/or deliberate recklessness of TheNextBid itself ( “own actions”) and/or the Board of TheNextBid.
14.9 The condition for of any right to compensation is that the User reports the suffered damage within sixty (60) days after the occurrence in writing to TheNextBid. Any claim for damages against TheNextBid expire after a period of twelve months after the claim arises.
14.10 This Article extends over all of TheNextBid affiliates and its directors, officers, employees, representatives and successors.
15. Duration and Termination
15.1 User has the right to stop its use of the Service at any time and delete his Account. TheNextBid has the right to refuse the removal of his Account if User still must meet any obligations (including commitments) against TheNextBid or other Users or in case there is a chance that any complaints related Objects are yet to be reported.
16. Overige bepalingen
16.3 By mutual agreement may be concluded that a Consumer dispute with TheNextBid or another User, submit to a body for dispute resolution (see the ODR-Platform website (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage)
for more information). Such consultations will be held in good faith by TheNextBid, but they can never be obliged to submit to such procedures.
16.5 The version of communications or information stored by TheNextBid is deemed to be correct unless User submits evidence rebuttal.
16.6. TheNextBid is entitled to assign its rights and obligations under the Agreement to a third party who takes over the service or on business activity from her.
Prosfora B.V. (Trade name TheNextBid)
1017 BT Amsterdam
T: +31(0) 202 258 340
You can also send an email via the contact form.