Last updated: December 2024
These terms are based on the Nederland ICT Terms and Conditions (filed with the Chamber of Commerce under number 30174840). The Dutch version prevails in case of disputes.
All offers and contracts pursuant to which the supplier delivers goods and/or provides services fall under these terms. Customer purchasing conditions are excluded. All offers require written confirmation.
Prices are in euros, exclusive of VAT. The supplier may adjust prices with three months' written notice on periodic contracts. Payment terms follow invoices; customers cannot suspend payments or offset amounts. Late payment triggers statutory interest for commercial contracts.
Continuing performance contracts default to one year unless specified otherwise. Contracts auto-renew unless either party gives three months' written notice of termination.
The supplier retains all IP rights to developed materials. Customers receive only expressly granted usage rights, which are non-exclusive and non-transferable. Customers cannot remove copyright notices or bypass technical protections.
Direct loss liability caps at the contract price or €500,000 maximum. Indirect losses, lost profits, and data corruption liability is excluded entirely. These caps do not apply to intentional misconduct by supplier management.
Parties must provide detailed written notice before declaring default. Customers can only rescind for material supplier breaches after reasonable cure periods. Payment obligations remain binding even if other services fail.
Software development: Iterative methods (Scrum) accepted; customer accepts final product "as is" without full acceptance testing procedures.
Maintenance and support: Error fixes within reasonable timeframes; three-month window to report defects; new versions not guaranteed.
Hosting and SaaS: Disk space limits enforced; temporary maintenance shutdowns permitted; customer manages security.
Disputes proceed through arbitration via SGOA (Foundation for the Settlement of Automation Disputes) in The Hague, Netherlands, or cantonal court for smaller claims. ICT mediation is required before formal proceedings.
For questions about these terms and conditions, please use the contact page.