Terms & conditions
These conditions apply to all quotations, offers, activities, contracts, and delivery of services or goods by or on behalf of the Service Provider.
The Client signs the agreement acknowledging these general terms and conditions.
By signing, the Client confirms that the terms and conditions have been properly handed over to them.
If the Client refers to other conditions in their offer or other correspondence related to the Agreement, the applicability of those conditions is explicitly rejected. Any differing clause in such other conditions does not affect the foregoing.
Deviations from these conditions can only be agreed upon explicitly and in writing by the parties. Notwithstanding the provision of Article 2.4, the Service Provider is at all times entitled to unilaterally change or supplement the general terms and conditions, whereby the changes and/or additions bind the Client from the moment the changes and/or additions have been made known to the Client in writing.
If the content of the Agreement deviates from the content of these general terms and conditions, the content of the Agreement prevails.
If any provision of these general terms and conditions is null and void or annulled, the other provisions of these general terms and conditions will remain in full force, and the Service Provider and Client will enter into consultation to agree on new provisions to replace the null and void or annulled provisions, taking as much as possible the purpose and intent of the null and void or annulled provisions into account.
If such deviation or addition is tolerated by the Service Provider, this will not have a precedent effect, and the Client cannot derive any rights for future agreements.
The Client who has contracted once under these general terms and conditions agrees to the applicability of these general terms and conditions to later agreements between him and the Service Provider.
The Agreement always contains obligations of effort for the Service Provider, not obligations of result.
Invoices must be paid within fourteen (14) days after the invoice date unless otherwise agreed upon in writing by the parties, or if a different payment term is stated on the invoice.
Payments are made without any right to suspension or set-off by transferring the due amount to the bank account number specified by the Service Provider.
If the Client disputes the correctness of an invoice from the Service Provider, the Client must notify the Service Provider in writing stating the reasons within fourteen (14) days after the invoice date.
If the Client does not pay within the agreed term, the Client is in default by operation of law, without any demand or notice of default being required. From that moment on, the Service Provider is entitled to suspend obligations until the Client has fulfilled their payment obligations.
If the Client remains in default, the Service Provider will proceed with collection. The costs related to that collection are borne by the Client.
When the Client is in default, they owe the principal sum as well as statutory (commercial) interest, extrajudicial collection costs, and other damages to the Service Provider. The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
The offers from the Service Provider are valid for a maximum of one (1) month, unless a different acceptance period is stated in the offer. If the offer is not accepted within the stated period, the offer expires. Offers can be revoked or modified by the Service Provider at any time and are based on the information provided by the Client at the time of the request.
Agreements are only concluded by the written confirmation of an order by the Service Provider or when the Service Provider has started its execution.
The Service Provider is free to refuse subsequent orders from the Client at any time without the Client being entitled to any compensation from the Service Provider.
All orally communicated special prices and/or additional discounts that deviate from the normally applicable prices and/or discounts of the Service Provider are only binding if confirmed in writing by the Service Provider and apply only to the respective agreement.
Terms in quotations are indicative and do not give the Client the right to dissolution or compensation if they are exceeded unless expressly agreed otherwise in writing by the parties.
The prices mentioned in offers, quotations, and invoices from the Service Provider are exclusive of VAT and any other government levies unless explicitly stated otherwise.
Prices for services and software from third parties are based on the prices known at that time. Increases that could not have been foreseen by the Service Provider at the time of making the offer or the conclusion of the Agreement may lead to price increases.
Concerning the provision of services, parties can agree on a fixed price at the conclusion of the Agreement.
If no fixed price is agreed, the rate related to the service provision can be determined based on the actual hours spent. The rate is calculated according to the usual hourly rates of the Service Provider, applicable for the period in which the work is performed, unless a different hourly rate has been agreed.
If no rate based on actual hours spent is agreed, a target price is agreed upon for the provision of services, whereby the Service Provider is entitled to deviate from this by up to 10%. If the target price is going to exceed more than 10%, the Service Provider must inform the Client in a timely manner why a higher price is justified. In this case, the Client has the right to cancel part of the order that exceeds the target price increased by 10%.