1. Introduction
These General Terms and Conditions (hereinafter: "Terms") apply to all offers, agreements, and deliveries of services by [Company Name], hereinafter referred to as: "User", and the user, hereinafter referred to as: "Customer". Deviations from these Terms are only valid if expressly agreed in writing.
2. Offers and Agreements
All offers from User are without obligation, unless stated otherwise in writing. An agreement is concluded upon acceptance by the Customer of the offer or order confirmation from User. If the Customer has provided incorrect data, User has the right to postpone the execution of the agreement until the correct data is received.
3. Prices and Payment
All prices are in euros, excluding VAT and other government levies, unless stated otherwise. Payment must be made within 14 days of the invoice date, unless otherwise agreed. In case of late payment, the Customer is legally in default, and User is entitled to charge statutory (commercial) interest and extrajudicial collection costs.
4. Delivery and Execution
User will execute the agreement to the best of its knowledge and ability. Delivery times are indicative and not binding, unless expressly agreed otherwise. If User requires information from the Customer for the execution of the agreement, the delivery time starts after the Customer has provided all necessary information.
5. Liability
User's liability is limited to the amount paid out in the relevant case under User's professional liability insurance. User is never liable for indirect damages, including consequential damages, loss of profit, or damage due to business interruption. The Customer indemnifies User against claims from third parties arising from the use of the services.
6. Intellectual Property
All intellectual property rights to the software, designs, texts, and other materials provided by User remain with User. The Customer is not permitted to reproduce, modify, or make available to third parties these materials without prior written consent from User.
7. Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information obtained from each other or from other sources in the context of the agreement. Confidential information includes all data that is designated as such or that reasonably should be understood to be confidential.
8. Duration and Termination
Agreements entered into for an indefinite period can be terminated by either party with due observance of a notice period of one month. Agreements entered into for a definite period end automatically upon expiry of the term. Early termination is only possible by mutual agreement or in the event of an attributable shortcoming.
9. Force Majeure
In case of force majeure, User is not obliged to fulfill the agreement. Force majeure includes, among other things: strikes, fire, data breaches, internet failures, and other circumstances beyond User's control that temporarily or permanently prevent the fulfillment of the agreement.
10. Complaints and Disputes
Complaints about the services must be submitted in writing to User within 14 days of discovery. Disputes arising from the agreement will be submitted to the competent court in the district where User is established, unless mandatory law prescribes otherwise.
11. Changes to the Terms
User reserves the right to change or supplement these Terms. Changes will be communicated to the Customer in writing or electronically. If the Customer does not agree with the changes, the Customer may terminate the agreement within 14 days of the notification.
12. Applicable Law
These Terms and the agreements to which they apply are governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is excluded.
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