Home > General terms and conditions

Terms and Conditions

These General Terms and Conditions regulate the legal relationship between the Contractor and its clients. The General Terms and Conditions are divided into various parts, which are focused on the various forms of business services that the Contractor can offer.

For your convenience we provide this English version of our Terms of Service. However, it's essential to note that the legal version is in Dutch, which holds the official and binding status. Our English version serves as a helpful translation and overview of the main terms, but in case of any discrepancies or legal matters, the Dutch version will prevail. We prioritize transparency and clarity, ensuring that both versions convey the same core principles and agreements.

Definitions

In these General Terms and Conditions the following definitions apply:

Acceptance Test: is a (limited) mandatory test effort to be made by the Client in order to complete the Project.
General Terms and Conditions: these terms and conditions.
Service: the performance to be provided by the Contractor, including development and/or maintenance of software, applications, programs, etc. The Agreement determines which Services are involved and these General Terms and Conditions set further rules for specific Services.
Defect: failure to meet the Specifications.
User: the (end) user who uses the Service/Project provided by the Contractor for the Client.
Hardware: equipment supplied by the Contractor to the Client.
Materials: for example (web) applications, software, programs, advice or reports.
Employee: an employee, freelancer/self-employed person without staff or an assistant hired by the Contractor from a third party, who is deployed or carries out work by the Contractor on behalf of the Client.
Quotation: an offer from the Contractor for the provision of Services.
Client: the natural person or legal entity with whom the Contractor has concluded an Agreement. This also includes the person who enters into or is negotiating with the Contractor, as well as his representative(s), authorized representative(s), legal successor(s) and heirs.
Contractor: Cloudworx, located in Buren (Gld) and registered with the Chamber of Commerce under number 91117550.
Agreement: the agreement between the Contractor and the Client.
Force majeure: a shortcoming that cannot be attributed to the debtor, if it is not due to his fault, nor is he responsible for it under the law, legal act or generally accepted views.
Project: the work that the Contractor will perform for the Client, as described in the Quotation and/or in the Agreement.
Project management system: electronic system that can be used for the management of the Project and for communication between the Contractor and the Client about the implementation of the Agreement.
Results: the results of the work that the Contractor carries out under the Agreement.
Writing: In writing in these General Terms and Conditions also includes e-mail and communication by fax, provided that the identity of the sender and the integrity of the message are sufficiently established.
SLA: Service Level Agreement.
Specifications: the functional and technical description of the Project.
Website: https://cloudworx.dev

Identity of the Contractor

Name	Cloudworx
Business address	Lange Hofstedestraat 14 B 4116 EX Buren (Gld)
Postal address	Lange Hofstedestraat 14 B 4116 EX Buren (Gld)
Email address	support@cloudworx.dev
VAT number	NL865556969B01
Chamber of Commerce number	91117550

A. General

A.1. Quotation, offer and acceptance

A.1.1 A Quotation drawn up by the Contractor is without obligation and valid until 14 days after dating by the Contractor, unless otherwise stated in the Quotation.
A.1.2 The Client must preferably accept the Quotation in Writing, but if the Client agrees with the Quotation in a manner other than In Writing or gives the impression that, the Quotation may be considered accepted by the Contractor.
A.1.3 Provisions or conditions of the Client that deviate from, or do not appear in, these General Terms and Conditions are only binding for the Contractor if and insofar as they have been expressly accepted in Writing by the Contractor.
A.1.4 Without prejudice to the Contractor's authority to withdraw the Quotation in accordance with Article 1, paragraph 1, the Agreement can only be amended after acceptance with mutual consent. In the event of conflict between provisions in the documents below, the following order of precedence applies:
- 1. the Agreement;
- 1. any appendices, with the exception of brochures;
- 1. these General Terms and Conditions;
- 1. possibly additional conditions, with the exception of brochures.

A.2. Implementation of the Project & provision of information

A.2.1 After the conclusion of the Agreement, the Contractor will execute the Project as quickly as possible in accordance with the Quotation, taking into account the reasonable wishes of the Client. The Contractor will make every effort to carry out the Project to the best of its ability, applying sufficient care and craftsmanship. The Client is obliged to enable timely and correct execution of the Project. In particular, the Client shall ensure that all information that the Contractor indicates is necessary or of which the Client should reasonably understand that it is necessary for the execution of the Project, is provided to the Contractor in a timely manner. The necessary efforts of the Client must be delivered with sufficient quality and timeliness. This applies both to support provided by the contact persons and to the planned deployment of project staff within the project work to be carried out.
A.2.2 If the Client fails to do the above, the Contractor is entitled to charge additional costs and the Project may run late. Any delays to the Project caused by the Client will be reported via the project management system or, if no project management system has been deployed for the Project, by e-mail or, in the absence of functioning e-mail correspondence, in another Written manner. If this situation arises, the Contractor will inform the Client of any additional costs to be charged.

A.3. Duration, termination and rescission

A.3.1 If the Agreement extends to the development of certain Materials, the Agreement is deemed to have been entered into for the duration described in the Agreement. If the duration is not described in the Agreement, the Agreement will be considered terminated when the performance thereof has been delivered on both sides.
A.3.2 If the Agreement is a continuing performance agreement, the Agreement is deemed to have been entered into for a minimum period of twelve (12) months, unless otherwise agreed in Writing. Without written notice of termination, taking into account a notice period of three (3) months, the Agreement will always be tacitly extended for the same period, unless otherwise agreed in Writing.
A.3.3 Unless otherwise agreed in Writing or otherwise provided in these General Terms and Conditions, the Client may terminate the Agreement prematurely by paying a lump sum payment. The amount of the lump sum payment is equal to the remaining compensation that would be due if the Agreement had not been terminated prematurely. The lump sum payment is immediately due and payable by the Contractor to the Client.
A.3.4 Delivery times specified by the Contractor are always indicative. Even in the event of an agreed deadline, the Contractor will only be in default after the Client has given him notice of default in Writing, except in the situations mandatorily prescribed by law in which the default occurs by operation of law.
A.3.5 If the Client fails to comply with any obligation under the Agreement, the Contractor has the right to suspend the performance of all Agreements concluded with the Client concerned without any notice of default or judicial intervention being required and without prejudice to the Contractor's right to compensation for damage, lost profits and interest, unless the non-compliance in question is of minor significance.
A.3.6 The Contractor is entitled to dissolve or suspend the Agreement in whole or in part with immediate effect, without judicial intervention, In Writing and without any obligation to pay damages or compensation, if:
- the Client does not fulfill the obligations under the Agreement, not fully or not on time;
- circumstances that come to the attention of the Contractor after concluding the Agreement give good reason to fear that the Client will not fulfill its obligations;
- When concluding the Agreement, the Client was requested to provide security for the fulfillment of its obligations under this Agreement and this security is not provided or is insufficient;
- due to the delay on the part of the Client, the Contractor can no longer be expected to fulfill the Agreement under the originally agreed conditions;
- The Client dies, applies for a suspension of payments or files a declaration of bankruptcy;
- the Client is declared bankrupt;
- the Client's activities are shut down or liquidated;
- any assets of the Client are seized;
- circumstances arise which are of such a nature that compliance with the Agreement becomes impossible or that unchanged maintenance of the Agreement cannot reasonably be expected of the Contractor.
A.3.7 If the Agreement is dissolved, the Contractor's claims on the Client are immediately due and payable. If the Contractor suspends compliance with its obligations, it retains its claims under the law and the Agreement.
A.3.8 If the termination is attributable to the Client, the Contractor is entitled to compensation for the damage caused directly and indirectly.

A.4. Post-termination procedure

A.4.1 The parties are mutually obliged to immediately return to the other Party any property of which the other Party is the owner or entitled party and which is in the possession of one Party, after termination of the Agreement. Certain goods, such as data (carriers), can also be deleted or destroyed instead of returned, if the entitled party has given written permission for this.
A.4.2 All information provided or entered by the Contractor remains the property of the Contractor at all times. The Client only obtains a non-exclusive, transferable license that is necessary for the execution of the Agreement.

A.5. Prices

A.5.1 Prices are exclusive of sales tax (VAT) and other levies imposed by the government.
A.5.2 If a price in a Quotation is based on data provided by the Client and this data proves to be incorrect, the Contractor has the right to adjust the prices to the prices that reasonably correspond to the correct data, even after the Agreement has already been concluded. came into being.
A.5.3 All prices stated in the Contractor's Quotation are subject to typographical and calculation errors.
A.5.4 The Contractor has the right to change the prices from time to time. Changes will be announced to the Client at least 30 days in advance in Writing. Without the consent of the Client, the Contractor may index its prices a maximum of once a year according to the price index of the Central Bureau of Statistics (CBS) in the month of January.

A.6. Terms of payment

A.6.1 The Contractor will send an invoice to the Client for the amount owed by the Client. If the Project is delivered in phases, the Contractor is entitled to invoice per delivered phase, monthly or based on hours worked (this at the discretion of the Contractor). The payment term for an invoice is 14 days after the date of the invoice, unless otherwise agreed between the Contractor and the Client.
A.6.2 If the Client does not pay an invoice within the payment term, the Client is legally in default, without a prior reminder or notice of default being required. In such a case, the Contractor is entitled to charge the statutory interest for commercial transactions on the outstanding amount or (if higher) an interest of two percent per month.
A.6.3 In the event of late payment, the Client is obliged, in addition to the amount owed and the interest due, to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
A.6.4 The claim for payment is immediately due and payable if the Client is declared bankrupt, applies for a suspension of payments, the Client dies and furthermore, if it goes into liquidation, is dissolved or if bankruptcy is granted.
A.6.5 In the above cases, the Contractor also has the right to terminate or suspend performance of the Agreement or any part thereof that has not yet been performed, without notice of default or judicial intervention, without the Client thereby obtaining a right to compensation.
A.6.6 If, based on facts and circumstances, there may be reasonable doubt as to whether the Client can meet its payment obligations, the Contractor has the right to demand financial security from the Client. For example, in the form of a pledge, deposit or bank guarantee.

A.7. Additional work

A.7.1 If due to wishes of the Client, which can reasonably be regarded by the Contractor as a change or addition to what is stated in the Quotation or the Agreement (including a delay or extension with regard to the Project that can be attributed to Client), the amount of work that the Contractor must perform under this Agreement increases, then there is additional work.
A.7.2 If the Contractor is of the opinion that there is additional work, it will report this to the Client as soon as possible and ask for Written approval for the execution of the proposed additional work and the offer made by the Contractor, including delivery time.
A.7.3 The Client will always decide on the proposed additional work within five (5) working days. The work that will be carried out in the context of accepted additional work will be recorded in Writing and approved by both parties.
A.7.4 The Client is responsible for any extension of the delivery times stated in the original Quotation due to additional work.
A.7.5 The provisions of these General Terms and Conditions apply to all additional work to be carried out by the Contractor, insofar as the parties have not agreed to different conditions.

A.8. Liability

A.8.1 The Contractor is only liable to the Client for direct damage as a result of an attributable shortcoming in the performance of the relevant Agreement. Direct damage refers to the damage suffered to remedy the breach. Direct damage is exclusively understood to mean:
- the damage caused to material property, also known as (material) property damage;
- costs that the Client has had to incur to urge the Contractor to properly comply with the Agreement;
- costs incurred by the Client to limit, prevent or repair direct damage;
- costs incurred by the Client to ensure that the performance still complies with the Agreement;
- costs incurred to record the cause and extent of the damage, insofar as this concerns direct damage as referred to in this provision;
- costs incurred that are proportionate to ending or limiting a data breach (as referred to in the GDPR).
Without prejudice to what has been determined above, the Contractor's liability for other forms of liability is expressly excluded.
A.8.2 The liability of the Contractor for direct damage suffered by the Client as a result of an attributable shortcoming in the performance by the Contractor of its obligations under the Agreement, which expressly also includes any shortcoming in the fulfillment of a warranty obligation agreed with the Client, or due to unlawful actions by the Contractor, its employees or third parties engaged by it, per event or a series of related events is limited to an amount equal to the compensation that the Client owes under this Agreement per year (excluding VAT). However, under no circumstances will the total compensation for direct damage exceed 25.000 euros (excluding VAT).
A.8.3 The total liability of the Contractor for damage due to death or physical injury or for material damage to property will in no case exceed 500.000 euros per damaging event, whereby a series of related events counts as one event.
A.8.4 Liability of the Contractor for indirect damage, including consequential damage, lost profits, missed savings, mutilation or loss of (business) data and damage due to business stagnation, is excluded.
A.8.5 The exclusions and limitations referred to in this article will lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of the Contractor's management.
A.8.6 The Contractor's liability due to an attributable shortcoming in the performance of the Agreement only arises if the Client immediately gives the Contractor notice of default in Writing, setting a reasonable period for remedying the shortcoming, and the Contractor is also accountable for the performance after that period. continues to fail in its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that the Contractor is able to respond adequately.
A.8.7 A condition for any right to compensation to arise is that the Client reports the damage to the Contractor in Writing within 30 days after it occurred.
A.8.8 The Client indemnifies the Contractor against all claims from third parties due to liability as a result of a Defect in the Project/Service which was supplied by the Client to a third party and which partly consisted of goods, Materials or Results supplied by the Contractor, except if and for to the extent that the Client proves that the damage was caused by those items, Materials or Results. The Client also indemnifies the Contractor against claims regarding non-compliance with licenses by the Client and/or third parties (including Users) who fall under the Client's responsibility.
A.8.9 Liability of the Contractor for shortcomings in products and services of third parties, including software and programs, is excluded.

A.9. Disruptions and force majeure

A.9.1 Neither party can be held to fulfill any obligation if a circumstance beyond the control of the parties and which could not or should not have been foreseen at the time of concluding the Agreement, nullifies any reasonable possibility of compliance. Parties can only invoke Force Majeure against each other if the relevant Party notifies the other party in Writing of such an appeal to Force Majeure as soon as possible after the occurrence of the shortcoming, while submitting the necessary supporting documents.
A.9.2 The circumstances referred to in paragraph 1 may include, for example: (a) disruptions to the internet or other telecommunications facilities, (b) shortcomings in the performance of third parties on whom the Contractor depends for the provision of the Services, (c ) defectiveness of goods, equipment, software or Materials the use of which the Client has prescribed to the Contractor, (d) the unavailability of one or more employees (due to illness), (e) mobilization, (f) war, (g) delay in transport, (h) strikes, (i) supply stagnation, (j) fire, (k) natural disasters, (l) diseases, epidemics or quarantines and (m) government measures.
A.9.3 In the event of Force Majeure, the fulfillment of the relevant and related obligation(s) will be suspended in whole or in part for the duration of such Force Majeure, without the parties being obliged to pay any compensation in this regard. Parties can only invoke Force Majeure against each other if the party concerned notifies the other party in Writing of such an appeal to Force Majeure as soon as possible after the occurrence of the shortcoming, while submitting supporting documents.
A.9.4 In the event of Force Majeure, the party that invoked the Force Majeure will make every effort to ensure that the shortcoming, which is remedied by the Force Majeure, is of as short a duration as possible.
A.9.5 If a force majeure situation has lasted thirty (30) days, or as soon as it has been established that the force majeure situation will last longer than three months, each of the parties has the right to terminate the Agreement In Writing, unless the nature or extent of the shortcoming requires the interim does not justify termination. In that case, what has already been performed under the Agreement will be settled proportionately, without the parties owing each other anything.

A.10. Intellectual property rights

A.10.1 All intellectual property rights to all Materials developed or made available in the context of the Project rest exclusively with the Contractor or its licensors. Intellectual property rights are understood to mean: all (future) intellectual property rights, including but not limited to: trademark rights, patent rights, design rights, copyrights and neighboring rights, trade name rights, database rights, know-how, trade secrets and domain names.
A.10.2 The Client only obtains the user rights and powers that are explicitly granted in Writing in these General Terms and Conditions, the Agreement or otherwise and otherwise the Client will not reproduce or make public the software, Services or other Materials. These user rights are valid as long as there is an Agreement between the Client and the Contractor.
A.10.3 The Client is not permitted to remove or change any indication regarding copyrights, trademarks, trade names or other intellectual property rights from the Materials, including indications regarding the confidential nature and secrecy of the Materials.
A.10.4 The Contractor is permitted to take technical measures, for example with passwords or encryption, to protect the Materials. If the Contractor has secured the Materials by means of technical protection, the Client is not permitted to remove or circumvent this protection.
A.10.5 Any use, duplication or disclosure of the Materials that falls outside the scope of the Agreement or granted user rights constitutes an infringement of the intellectual property of the Contractor or its licensors.
A.10.6 The Client will pay an immediately payable fine of 5.000 euros per infringing act and pay 25.000 euros per intentionally infringing act to the Contractor, without prejudice to the Contractor's right to be compensated for its damage caused by the infringement or to take other legal measures in order to end the infringement and/or recover the damage. After one working day has elapsed after the Contractor has notified the Client of an infringement, the Client is also liable to pay a fine of 5.000 euros per day that the infringement has not ended.
A.10.7 Every delivery, provision or announcement, whether or not by means of an offer or Agreement of Services to the Client, will never imply a transfer of intellectual property rights, unless otherwise agreed.
A.10.8 The Client guarantees that no rights of third parties oppose the provision of equipment, software, material intended for websites, data files and/or other materials, designs and/or other works for the purpose of use, maintenance, editing, installation or integration, including having the correct licenses. The Client indemnifies the Contractor against any claim from a third party based on the fact that such provision, use, maintenance, processing, installation or integration infringes any right of that third party.
A.10.9 The Contractor is entitled to use the Client's logo, logo or name in its external communications without the Client's prior permission.

A.11. Processing personal data

A.11.1 If the Contractor will process personal data in the performance of the Services, the General Data Protection Regulation (“GDPR”) obliges the Contractor and the Client to enter into commitments with regard to the processing to be carried out by the Contractor, which provide guarantees with regard to of the technical and organizational security measures with regard to the processing to be carried out. In the absence of a further, separately agreed 'processing agreement', the provisions in this article will apply as the obligations referred to in the GDPR.
A.11.2 The Contractor only processes the personal data under the authority of the Client and exclusively for the performance of the Services, for as long as the Agreement continues. The Client can be regarded as the controller in this regard, and the Contractor as the processor.
A.11.3 The personal data of data subjects that may be processed by the Contractor in the context of the Services are further explained in the Agreement.
A.11.4 If these General Terms and Conditions or the Agreement refer to provisions from the Wbp, as of May 25, 2018, the corresponding provisions from the General Data Protection Regulation (“GDPR”) are meant.
A.11.5 The Contractor will make every effort to take appropriate technical and organizational measures with regard to the processing of personal data to be carried out and will make every effort to ensure that security meets a level that takes into account the state of the art, the sensitivity of the personal data and the costs associated with providing security are not unreasonable.
A.11.6 The Contractor guarantees that anyone acting under the authority of the Contractor, insofar as he or she has access to personal data originating from the Client, will only process this on the instructions of the Client, subject to deviating legal obligations.
A.11.7 The Contractor may process personal data in countries within the European Union. The Client also gives the Contractor permission to process personal data outside the European Union. Processing outside the European Union only takes place in compliance with the applicable laws and regulations. At the request of the Client, the Contractor will inform the Client in which countries, outside the European Union, it processes the personal data.
A.11.8 The Client hereby gives the Contractor permission to use a third party for the processing of personal data for the performance of the Services, in accordance with the applicable laws and regulations. The Contractor will ensure that these third parties undertake the same obligations in writing as the Client and the Contractor have agreed on, and ensure the correct authorizations. At the request of the Client, the Contractor will inform the Client as soon as possible about the third parties it has engaged. The Client has the right to object to any third parties engaged by the Contractor. If the Client objects to third parties engaged by the Contractor, the Client and the Contractor will enter into consultation to reach a solution.
A.11.9 The Client guarantees that it will only enter personal data or otherwise make it available to the Contractor in a completely lawful manner, without infringing any rights of third parties. The Client indemnifies the Contractor against all claims and claims related to this.
A.11.10 If the Client, in the context of a legal obligation or exercise of legal rights by data subjects, must provide, change, move, delete or display personal data stored in the Contractor's systems the Contractor will assist the Client as much as possible. The costs for the work for this can be invoiced separately. In the event that a data subject wishes to exercise one of his legal rights and addresses this request to the Contractor, the Contractor will forward this request to the Contractor. The Client will then handle the request independently.
A.11.11 The Client has the right to have audits carried out by an independent third party bound by confidentiality, to verify this article A.11. This audit only takes place in the event of a concrete suspicion of abuse which has been demonstrated by the Client. The audit initiated by the Client will take place two weeks after prior written announcement by the Client. The costs of an audit are borne by the Client.
A.11.12 All personal data that the Contractor receives and/or collects from the Client in the performance of the Services is subject to a duty of confidentiality towards third parties. This obligation of confidentiality does not apply to the extent that the Client has given explicit permission to provide the information to third parties, if the provision of the information to third parties is logically necessary given the nature of the Services, or if there is a legal obligation to provide the information to to be provided to a third party. If the Contractor is legally obliged to provide information to a third party, the Contractor will immediately inform the Client of this to the extent legally permitted.
A.11.13 As the party responsible within the meaning of the GDPR, the Client is at all times responsible for reporting a data breach (which is understood to mean: a breach of the security of personal data that leads to a risk of serious adverse consequences, or serious adverse has consequences for the protection of personal data) to the supervisory authority(s) and/or data subjects. To enable the Client to comply with this legal obligation, the Contractor will inform the Client as soon as possible and no later than forty-eight (48) hours after discovery of a data breach. If required by law and/or regulations, the Contractor will cooperate in informing the relevant supervisory authority and/or those involved.
A.11.14 The reporting obligation in any case includes reporting the fact that there has been a leak. In addition, the reporting obligation includes, to the extent known to the Contractor:
- the date on which the leak occurred (if no exact date is known: the period within which the leak occurred);
- what the (alleged) cause of the leak is;
- the date and time on which the leak became known to the Contractor or to a third party or subcontractor engaged by him;
- the number of people whose data has been leaked (if no exact number is known: the minimum and maximum number of people whose data has been leaked);
- a description of the group of persons whose data has been leaked, including the type or types of personal data that have been leaked;
- whether the data has been encrypted, hashed or otherwise made unintelligible or inaccessible to unauthorized persons;
- what the proposed and/or measures already taken are to close the leak and to limit the consequences of the leak;
- contact details for following up on the report.
A.11.15 After the Agreement ends, the Contractor will delete or return the personal data as referred to in this article A.11.3, at the Client's discretion.

A.12. Staff

A.12.1 If the Employee must perform work at the Client's location for the execution of the Agreement (other than the Client and the Contractor entering into an Agreement to second an Employee), the following provisions apply.
A.12.2 The Client will provide all necessary support to the Contractor's Employee who performs work at the Client's location for the performance of the Agreement for the performance of the work. The Client is obliged to do everything for which the Employee can perform his work properly and safely.
A.12.3 The Contractor will make every effort to ensure that the Employee has the correct job description and competencies. It is not possible for the Client to make a choice in Employees, unless this is expressly agreed. The Contractor is entitled to replace an Employee with an Employee with comparable competencies and a comparable job description.
A.12.4 It is not possible for the Client to grant access to only certain Employees. There is also no guarantee that the Client will have a permanent team of Employees available, if this is relevant.
A.12.5 It is the Client, without Written permission of the Contractor, is not permitted during the term of the Agreement and for two (2) years after its expiry, to employ Employees of the Contractor, to enter into direct or indirect business relations with them or to have work carried out by them, other than in the context of the Agreement, on penalty of an immediately payable fine of 10.000 euros per violation, increased by 500 euros for each day during which the violation continues, which fine amounts will be owed to the Contractor. This article also applies if the Client and the Contractor enter into an Agreement for the secondment of an Employee.

A.13. confidentiality

A.13.1 Parties will treat information that they provide to each other before, during or after the execution of the Agreement as confidential when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended as confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them for the implementation of the Agreement.
A.13.2 The Contractor will not take note of data that the Client stores and/or distributes via the Services from the Contractor, unless this is necessary for the proper execution of the Agreement or the quality of the Projects, or the Contractor is obliged to do so under a legal provision or court order. In that case, the Contractor will make every effort to limit access to the data as much as possible, insofar as this is within its power.
A.13.3 This obligation shall continue to exist after termination of the Agreement for any reason, for as long as the providing party can reasonably claim the confidential nature of the information.

A.14. Changes to General Terms and Conditions

A.14.1 If it concerns a continuing performance agreement, the Contractor reserves the right to change or supplement these General Terms and Conditions.
A.14.2 Changes also apply to Agreements already concluded, subject to a period of 30 days after announcement of the change on the Contractor's Website or by electronic notification. Changes of minor importance can be made at any time.
A.14.3 If the Client is a natural person who does not act in the exercise of a profession or business, and the change results in the Client being provided with a performance that differs substantially from the original performance, this Client has the authority to to terminate the agreement on the date that the amended conditions come into effect.

A.15. Dispute settlement

A.15.1 The Agreement, as well as any resulting or related agreements and other legal acts, are exclusively governed by Dutch law.
A.15.2 All disputes, including those that are only considered as such by one party, arising from or related to (the execution of) this Agreement and/or to the agreements arising from or related to it will be settled through mediation (hereinafter referred to as Mediation in this article).
A.15.3 The parties mutually undertake to cooperate in dispute resolution through Mediation and undertake to each bear half of the costs of the Mediation.
A.15.4 Mediation consists of two phases. In the first phase, the parties investigate a possible solution that both parties can agree with. If agreement is reached on this, the mediator will summarize the agreement in a settlement agreement. If it has proven impossible to reach an agreement in the first phase that is acceptable to both parties, a second phase begins. In the second phase, the mediator will work out an agreement that binds both parties and that is also reflected by the mediator in a settlement agreement.
A.15.5 The Contractor and the Client always retain the right to submit disputes to the competent court, but only if both Parties give their explicit written permission to do so, with both Parties declaring that they refrain from Mediation.

A.16. Final provisions

A.16.1 If any provision of this Agreement proves to be void, this will not affect the validity of the entire Agreement. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original Agreement and General Terms and Conditions as much as legally possible.
A.16.2 If disputes arise as a result of the Agreement that cannot be resolved through the dispute settlement procedure, they will be submitted to the competent court in Amsterdam.
A.16.3 Information and communications on the Contractor's Website are subject to errors.
A.16.4 The version of any communication received or stored by the Contractor is considered authentic (including log files), unless the Client provides proof to the contrary.
A.16.5 In order to promote its services, the Contractor is entitled to show third parties which Projects it delivers to the Client, unless the reasonable interests of the Client make this unacceptable or otherwise has been agreed in Writing.
A.16.6 The Contractor has the right at all times to involve third parties in the execution of the Agreement.
A.16.7 The Contractor and the Client may transfer their rights and obligations under the Agreement to third parties, provided that the other party agrees to this in Writing prior to the transfer.

B. Development (web) applications

Applies to custom work provided by the Contractor to the Client, for example the design and/or development of (web) applications, software, advice, reports or other specific substantive works.

B.1. Delivery & acceptance

B.1.1 The Contractor will make every effort to deliver the Materials to the Client for acceptance in accordance with the Specifications.
B.1.2 When the Materials have been delivered to the Client for acceptance, the Client will subject them to an Acceptance Test at its own expense and under its own responsibility during the acceptance period of one week. By acceptance, the Client releases the Contractor from all its obligations with regard to the Results.
B.1.3 If the Client does not reject the Materials (in whole or in part) within the period referred to in paragraph 2, they will be deemed to have been accepted and delivered.
B.1.4 The Client is also deemed to have accepted the Materials if the Client has started using the Materials or if the Client has not informed the Contractor in Writing within ten days after delivery that and for what reason(s) he is using the Materials. does not accept.
B.1.5 If Materials are not accepted, the Contractor will specify which adjustments will be made, including the associated time or possible costs. The Client will then indicate whether he agrees to the aforementioned adjustments and the associated time and costs or whether he waives the rejection. The Contractor will make every effort to remedy the and reproducible Defects identified by the Client within the period agreed by the parties, and failing that, within a reasonable period.
B.1.6 Adjustments following rejection of a Material can take place in a production environment or in an acceptance environment. This is at the discretion of the Contractor.
B.1.7 If the Client has accepted the Results (with the exception of Defects in functionalities and external Defects; minor Defects), the warranty period of 30 days comes into effect. Within this period, the Results are considered accepted, but it is possible to report Defects that could not reasonably have been discovered during the Acceptance Test. The Contractor will specify any Defects and supplement them with the expected time and, if the Defects cannot be remedied easily and within 30 days, any additional costs for adjustment of those parts. This warranty period therefore does not apply as an extended Acceptance Test and does not provide more guarantees than stated in this paragraph.
B.1.8 Minor Defects, which include Defects that do not reasonably prevent the Materials from being used commercially due to their nature and/or number, will not be a reason to withhold acceptance, without prejudice to the Contractor's obligation to repair such Defects. The parties will consult with each other to this end.
B.1.9 If the Project is carried out in phases, the Client must approve or reject the Materials of that phase after completion of each phase and the above procedure also applies. The Client may not base an approval or rejection of the Materials of a later phase on matters approved in an earlier phase.
B.1.10 The Contractor has the right to wait with the start of a new phase until the Client has explicitly accepted the old phase.
B.1.11 The Contractor does not guarantee that what the Client intends with the works to be developed or developed by the Contractor will actually be achieved.
B.1.12 The Contractor makes every effort to develop its products/works as well and as error-free as possible and to make available.
B.1.13 The Contractor is entitled to implement temporary solutions, limiting certain functionalities to prevent serious errors.

B.2. Progress

B.2.1 The Client and the Contractor mutually agree on the phases, delivery dates and terms specific to the Project, for example in the Quotation or the Agreement.
B.2.2 The Contractor will keep the Client informed of the progress of the Project at least once every fourteen days by e-mail, telephone or via the project management system.

B.3. Specifications & (source) materials

B.3.1 The Parties will specify in Writing which works will be developed, which requirements they must meet and how this will be done. The Contractor will carry out the development with care based on the information to be provided by the Client. The Client guarantees the correctness, completeness, consistency and timeliness of its instructions and data.
B.3.2 A Written specification as referred to in Article 3.1 is not required if the Client has expressed the wish to offer the Contractor a high degree of freedom in developing works and the manner in which this is done. If the development has taken place in this way, the Client cannot subsequently rely on Specifications, which have been put in writing, to which the Contractor has not agreed.
B.3.3 The Contractor is entitled, but not obliged, to investigate the accuracy, completeness or consistency of the (source) Materials, requirements or Specifications made available to it and, if any imperfections are discovered, to suspend the agreed work until the Client has completed the relevant imperfections have been removed.
B.3.4 If (source) Materials provided by the Client to the Contractor are protected by any intellectual property right, the Client guarantees at all times that it has all licenses necessary for the provision to and intended use by the Contractor. in the context of the Agreement.
B.3.5 Unless otherwise agreed, the Contractor has the right to use images, software and components from third parties, including open source software, in the development of the works. After delivery, the Client is responsible for correct compliance with the relevant third-party licenses when using the developed works. The Contractor will adequately inform the Client about the applicable license conditions. Costs associated with the licenses, which are necessary for the execution of the Agreement, will be charged to the Client. This is specified in the Quotation.
B.3.6 The Client is responsible for keeping its own applications, Services and infrastructure up to date for interoperability with the Contractor's products and Service. This is in connection with any links. Applications may not work properly if this is not the case.
B.3.7 The Contractor is not liable for the unusability of the Project / Service if the unusability is caused by the fact that the Client has not migrated in a timely manner (on the instructions of the Contractor) to current standards or uses standards that are no longer used in the industry. supported. A standard that was introduced 24 months ago is no longer considered current by the Contractor. This exclusion of liability also applies if the Client works with a version of an internet browser whose use and support is no longer self-evident due to the release of a new version of that internet browser.

B.4. License terms for development

B.4.1 The Contractor grants the Client the right to reproduce and distribute developed Materials for the purposes that the Client intended when entering into the Agreement.
B.4.2 The Contractor never transfers any intellectual property rights accruing to the Contractor (such as copyright) to the Client, unless expressly agreed otherwise in Writing.
B.4.3 The source code of software supplied by the Contractor, not being open source software, and the technical documentation produced during the development of the software may and will never be made available to the Client, nor may the Client make any changes thereto, unless In Writing has been expressly agreed otherwise.
B.4.4 The Contractor grants the Client the non-exclusive right to use the Service/software developed for the Client. The Client will always strictly comply with the usage restrictions agreed between the parties. The granted right of use is not transferable.
B.4.5 The Client is not permitted to sell, rent, sublicense, alienate or grant limited rights to the developed works or to make them available to a third party in any way or for any purpose, even if the third party in question software is used exclusively for the benefit of the Client, unless otherwise agreed in Writing or in the event of and in combination with a sale of the relevant business units or activities of the Client. In addition, the Client is not permitted to develop similar works and/or Materials itself or to have this done by a third party.

C. Hosting / SaaS

Applicable to the Contractor making and keeping data and/or (web) applications available 'remotely' to the Client via the internet or another network, without the Client being provided with a physical carrier containing the relevant software. This also includes registering and managing domain names.

C.1. Performance

C.1.1 After the conclusion of the Agreement, the Contractor will perform the Service as soon as possible in accordance with the Quotation, taking into account the reasonable wishes of the Client.
C.1.2 The Agreement determines when the Contractor will start installing and managing the (web) application.
C.1.3 The Contractor makes every effort to ensure that the (web) application is configured and managed to the best of its ability, applying sufficient care and craftsmanship.
C.1.4 The Client is obliged to do everything necessary to enable timely and correct installation of the (web) application. In particular, the Client shall ensure that all data and facilities that the Contractor indicates are necessary or of which the Client should reasonably understand that they are necessary for the installation of the (web) application are made available to the Contractor in a timely manner.

C.2. Duration of agreement

C.2.1 The Agreement is entered into by the Client for a minimum period of twelve (12) months, unless otherwise agreed. After this, the Agreement will be continued for an indefinite period. After the end of the minimum duration, the Agreement can be mutually terminated subject to a notice period of at least two (2) months. The termination of the Agreement by the Client or the Contractor must be done in Writing.

C.3. Code of conduct

C.3.1 The Client shall refrain from storing and/or distributing material (or having it distributed) in violation of provisions of Dutch law, including in any case (but not limited to) material that is libelous, defamatory, insulting, racist, discriminatory or hateful. is erotic or pornographic (unless explicitly permitted in the Quotation), infringes the rights of third parties, including (but not limited to) copyright, trademark rights and portrait rights, constitutes a violation of the privacy of third parties, including in any case (but not limited to) the distribution of personal data of third parties without permission or necessity or the repeated harassment of third parties with unwanted communications, hyperlinks, torrents or similar information that the Client knows or should know refers to material that infringes infringes upon the rights of third parties, contains unsolicited commercial, charitable or non-profit communications, or contains malicious content such as viruses or spyware.
C.3.2 The Client will refrain from hindering other Clients or internet users or causing damage to the Contractor's servers. The Client is prohibited from starting processes or programs, whether or not via the server, of which the Client knows or can reasonably suspect that this will hinder or cause damage to the Contractor, other Clients or internet users. The Contractor will inform the Client of any measures.
C.3.3 In addition to the obligations under the law, damage caused by incompetence on the part of the Client or failure by the Client to act in accordance with the above points will be borne by the Client.
C.3.4 To prevent the aforementioned problems such as damage and security risks, the Contractor is entitled at its own discretion to limit the management options of the Client to such an extent that the management is carried out in its entirety by the Contractor.

C.4. License

C.4.1 The Client hereby grants the Contractor an unlimited license to distribute, store, transmit or copy all Materials supplied by the Client to the Contractor's Services in any manner deemed appropriate by the Contractor, but only to the extent reasonably necessary is for the purpose of the performance of the Agreement by the Contractor.

C.5. Disclaimer

C.5.1 The Client indemnifies the Contractor against all legal claims with regard to the use of the Services by the Client. The Contractor is not responsible for the data/Services/software that are called up via a link.
C.5.2 If the Contractor must carry out work relating to data of the Client, its employees or Users on the basis of an authorized order from a government agency or in connection with a legal obligation, all associated costs will be charged to the Client.

C.6. Services and availability

C.6.1 All services provided by the Contractor are performed on the basis of a best efforts obligation, unless and insofar as the Contractor has expressly promised a result in the Written Agreement and the relevant result has also been described with sufficient specificity.
C.6.2 The electronic transmission of Client's data in the context of the Services, in whatever manner, is at the Client's risk and expense.
C.6.3 The Contractor is never obliged to also supply the applications made available remotely on a physical data carrier (e.g. CD or USB stick) to the Client.
C.6.4 If the Services are (partly) provided via Services and/or networks of the Contractor, the Contractor will make every effort to ensure as little downtime as possible.
C.6.5 The Contractor does not offer any guarantees about the precise amount of uptime, unless otherwise agreed in the Quotation by means of an SLA designated as such. Unless otherwise provided in an applicable SLA, this article applies.
C.6.6 Unless proven otherwise, the availability and service level measured by the Contractor will serve as complete proof.
C.6.7 The Contractor will make every effort to ensure that the Client can use the networks that are directly or indirectly connected to the Contractor's network. However, the Contractor cannot guarantee that these networks are available at any time. The use of third-party networks may be subject to legal and contractual conditions. The Contractor will make every effort to inform the Client of this in a timely manner.
C.6.8 If, in the opinion of the Contractor, a danger arises to the functioning of the Services or the network of the Contractor or third parties and/or to the provision of services via a network, in particular due to excessive sending of e-mail or other data, poorly secured Services or activities involving viruses, trojans and similar software, the Contractor is entitled to take all measures it reasonably deems necessary to prevent this.
C.6.9 The Contractor has the right to temporarily put the Services or parts thereof out of use for the purpose of maintenance, adjustment or improvement thereof. The Contractor will try to have such a decommissioning take place outside office hours as much as possible and will endeavor to inform the Client in a timely manner of the planned decommissioning. However, the Contractor is never obliged to compensate damage that has arisen in connection with such decommissioning, unless explicitly agreed otherwise in Writing, for example in an SLA.
C.6.10 Only if expressly agreed in Writing is the Contractor obliged to have a fallback center or other fallback facilities.
C.6.11 Unless the Agreement provides otherwise, the Contractor is not obliged to make backup copies of data stored by the Client on the Contractor's Services. Any backups made may be destroyed at any time after termination of the Agreement. It is the Client's responsibility to request a backup in the event of termination or dissolution. The costs for making backups will be borne by the Client.
C.6.12 The Client is aware that after the deletion of the backups, this data is lost and the Client no longer has access to this data.

C.7. Amendments

C.7.1 The Contractor is entitled to adjust the applications made available during the term of the Agreement at its own discretion. If an adjustment leads to a significant change in functionality, the Contractor will make every effort to inform the Client thereof. Only if this is technically possible and would not require a disproportionate effort from the Contractor, the Client can continue to use an older version of the application upon request. The Contractor may charge additional costs for providing this option.

C.8. Storage and data limit

C.8.1 The Contractor may set a maximum on the amount of storage space or data traffic per month that the Client may use in the context of the Services. The Client will not exceed the limits unless the Agreement expressly regulates the consequences thereof. If this maximum is exceeded, the Contractor is entitled to charge an additional amount, in accordance with the amounts for additional data traffic stated in the Agreement. If no storage and/or data limit is agreed, the Contractor's fair use policy applies.

C.9. Post-termination procedure

C.9.1 The Contractor will ensure that, upon termination of the Agreement, the Client is offered a reasonable opportunity to transfer the Client's data stored in the Contractor's systems back to its own systems or to the systems of a new provider. . For this purpose, the Contractor will make every effort to provide the data in a common file format. The costs for this will be borne by the Client.

D. Hardware

D.1. Delivery and ownership

D.1.1 Hardware has been delivered to the Client if it has been delivered to the delivery address specified by the Client in the order and this delivery has been accepted by the Client.
D.1.2 The Client is obliged to check the Hardware for defects upon delivery, as far as reasonably possible at that time.
D.1.3 Ownership of the Hardware is transferred from the Contractor (or its suppliers) to the Client at the time of delivery to the delivery address specified by the Client in the order, but only if full payment has been made for the Hardware by the Client. Client.

D.2. Guarantee

D.2.1 After delivery, the Contractor is responsible for the operation of the delivered Hardware for 1 year after delivery in accordance with the specifications announced in advance to the Client and is liable for this by the Client.
D.2.2 If the manufacturers of the delivered Hardware have specific warranty schemes that are longer than the warranty issued by the Contractor, they will retain their validity and the Contractor will remain responsible for the correct handling of Hardware that falls under that warranty scheme.
D.2.3 The guarantees issued by the Contractor and manufacturers do not affect the statutory warranty period that applies to the Hardware.
D.2.4 The warranty on Hardware will lapse if there are unauthorized changes, failure to comply with the user instructions or other careless use of the Hardware by the Client.
D.2.5 If the Client makes use of the warranty scheme within the set periods and rules, the Contractor will make every effort to find a solution as soon as possible, for example by replacing or repairing the Hardware. The choice to opt for the solutions stated above always lies with the Contractor.
D.2.6 The Contractor is not liable for the loss of data resulting from the repair or replacement of Hardware.

D.3. Returns

D.3.1 If the Client makes use of the warranty scheme, the Client will return the delivered Hardware and all accessories to the Contractor as much as possible in the original condition of delivery.
D.3.2 If there are costs associated with returns in the context of the warranty scheme, these will be borne by the Client.

E. Maintenance and support

Applicable to Services that consist of installing, configuring and/or maintaining Materials and Services such as software, applications, websites, etc.

E.1. Performance

E.1.1 Maintenance is understood to mean the functioning of existing or new (developed) Materials in accordance with the Quotation or further agreement, and more generally the repair of errors. Support means providing remote or remote assistance in maintaining or working with the Materials.
E.1.2 After the conclusion of the Agreement, the Contractor will carry out the work as quickly as possible in accordance with the Quotation, taking into account the reasonable wishes of the Client.
E.1.3 The Agreement determines when and for what fee the Contractor will start carrying out the Services and activities. There may be fixed fees, but also work based on hourly rates and subsequent calculation. The Agreement clearly states which work will be carried out and for which amounts.
E.1.4 All Services provided by the Contractor are performed on the basis of a best efforts obligation, unless and insofar as the Contractor has expressly promised a result in the Written Agreement and the relevant result has also been described with sufficient specificity.
E.1.5 The Contractor does not provide any guarantees about results, unless otherwise agreed in the Quotation by means of an SLA designated as such. Unless otherwise provided in an applicable SLA, this article applies. The Contractor will make every effort to carry out requests from the Client as quickly as possible, but cannot give firm deadlines for this. This applies to both a period for planning and carrying out planned work and response times and recovery times if there is a request to adjust, repair and/or improve the Service and/or Materials.

E.2. Duration

E.2.1 The Agreement is entered into by the Client for a minimum period of twelve (12) months. After this, the Agreement will be continued for an indefinite period. After the end of the minimum duration, the Agreement can be mutually terminated subject to a notice period of at least one (1) month. The termination of the Agreement by the Client or the Contractor must be done in Writing.

E.3. Specifications and cooperation of the Client

E.3.1 If agreed, the Contractor will install and configure the Materials on hardware and networks to be designated by the Client. The Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct installation and operation of the Materials. In particular, the Client shall ensure that all information that the Contractor indicates is necessary or of which the Client should reasonably understand that it is necessary for the delivery of the Materials, is provided to the Contractor in a timely manner.
E.3.2 At the request of the Contractor, the Client will grant the Contractor's employees and assistants all necessary access to the computer systems involved to enable installation, configuration, maintenance and adjustments of the Materials. Physical access to these systems will only take place if necessary, and only after prior consultation with the Client.
E.3.3 The choice, purchase and management of the hardware and networks to be used is the sole and complete responsibility of the Client. The Contractor will provide instructions about the desired configuration. If the designated hardware and networks do not meet the Contractor's requirements, the Contractor is entitled to refuse installation or configuration.

E.4. Updates and improvements

E.4.1 Only if this is part of the Agreement, the Contractor will make every effort to adjust the Materials from time to time to improve the functionality and to correct errors, whether or not on the basis of instructions and requests from the Client or on the basis of own initiative, if this is determined in the Agreement.
E.4.2 Only if this is part of the Agreement will the Contractor make every effort to keep the Materials up to date. However, in many cases the Contractor is dependent on its supplier(s) and third parties. The Contractor is entitled not to install certain updates or patches if, in its opinion, this does not benefit the correct functioning of the software or is not in the interest of the Service.
E.4.3 The Contractor will make every effort to add changes and new functionality to the Materials requested by the Client. The Contractor is always entitled to refuse such a request if, in its opinion, it is not feasible or could hinder the proper functioning or availability of the Materials. Costs are associated with adding changes and new functionality to the Materials at the request of the Client. The Contractor will inform the Client of these costs in advance.
E.4.4 If an adjustment, update or patch leads to changed functionality within an already developed Service or Project, which has far-reaching consequences for the functioning of other Materials, systems, etc., the Contractor and the Client will consult with each other about the consequences of this. If it is decided to implement this change, update or patch, the Contractor is entitled to invoice the hours worked for this separately on the basis of subsequent calculation.
E.4.5 If the Client wishes to independently make a change to the Materials, this is entirely at the Client's own risk and responsibility. The Contractor then no longer has to make efforts to resolve bugs or errors. This will be the case unless the Client has notified the Contractor of the desired change in advance and the Contractor has approved it in Writing. The Contractor may attach conditions to this approval.
E.4.6 Unless otherwise agreed, support to end users (customers of the Client) is not included.

E.5. Remote support

E.5.1 Remote support is provided by telephone, e-mail and other channels to be agreed upon jointly.
E.5.2 At the request of the Client, the Contractor will propose software with which the computers to be supported can be accessed remotely. It's the responsibility of the Client to ensure that its network and security environment allows this software to work.
E.5.3 If it appears that remote support does not lead to a satisfactory solution or is not feasible given the nature of the problem, the Contractor will consult with the Client to find an on-site solution.
E.5.4 The Contractor can be reached for remote support (also for scheduling maintenance and repair of errors) on working days (Monday to Friday, with the exception of public holidays recognized in the Netherlands) from 9:00 a.m. to 5:00 p.m.

F. Advice and course

F.1. Specific provisions for training and courses

F.1.1 If the Agreement (also) extends to the provision of a course/training (hereinafter: course) by the Contractor, the provisions of this article apply.
F.1.2 There may be various courses carried out by the Contractor.
- A course is understood to mean: a course, workshop, education, lecture or training provided or offered by the Contractor.
- A general course is understood to mean: a course provided at the initiative of the Contractor intended for multiple parties.
- An internal course is defined as a course provided at the request of, on location and aimed at employees of the Client.
F.1.3 Unless otherwise agreed, a separate fee is due for course material in addition to the fee payable for the course.
F.1.4 For an internal course, the Client is responsible for providing the facilities required by the Contractor (which in any case includes sufficient course space, computers, projectors, internet connection, food and drinks) for the course, as well as for handling the registrations and cancellations.
F.1.5 For a general course, the Contractor will provide the necessary facilities for the general course in question.
F.1.6 For an internal course, the Client has the right to cancel or reschedule the course up to fourteen (14) calendar days before the (first) date of the course. Any cancellation or change costs for facilities already booked (including travel costs or hotel nights for teachers) will be borne by the Client.
F.1.7 For a general course, participation takes place in order of registration. The contractor will confirm the registration by e-mail or refuse it, stating reasons. If a registration from the Client only reaches the Contractor after the maximum number of participants in the course has been reached, the Contractor will save the registration and accept it in the event of the withdrawal of another participant. The Contractor will notify this in a timely manner.
F.1.8 The Client determines whether the course is suitable for the participants or to participate in the course. The lack of the required prior knowledge on the part of the Client or its employees is not a reason for cancellation and does not cause obligations under the Agreement and/or General Terms and Conditions to lapse.
F.1.9 The Contractor is permitted to change the content, location and dates/times of the general course. The Client will be informed of this no later than two (2) weeks before the start of the general course.
F.1.10 The Client has the right to cancel participation up to five (5) working days before the (first) date of the general course. The participation fee will then be waived. If you cancel within five (5) working days, the agreed price remains due. The Client is entitled to register a replacement up to and including the (first) day of the general course; this does not count as cancellation.
F.1.11 Payment is made in advance, prior to the course.

F.2. Specific provisions regarding advice

F.2.1 If the Agreement (also) extends to the performance of consultancy work by the Contractor, the provisions of this article apply.
F.2.2 Unless otherwise agreed in Writing, the Contractor gives no guarantee regarding delivery and/or lead times. Work is carried out or will take place on working days other than Saturdays, Sundays or public holidays, between 9:00 am and 5:00 pm.
F.2.3 If it has been agreed that the work will be carried out in phases, the Contractor is entitled to wait to carry out the next phase until the Client has approved the Materials and the associated results.
F.2.4 The use of results, Materials or other outcomes of the Services and activities are at all times at the risk and responsibility of the Client.
F.2.5 If and insofar as proper execution of the Agreement requires this, the Contractor has the right to have certain work carried out by third parties. Any related (more) costs are borne by the Client. The latter of course with the approval of the Client.
F.2.6 The Client will only use the results of the Agreement provided by the Contractor for the agreed purpose. More specifically, the Client will only use the texts drawn up by the Contractor for the purposes indicated in the Agreement. Furthermore, in that case the Contractor has the right to revoke the user license with regard to the texts drawn up. Article A.10 applies accordingly.
F.2.7 If necessary, the Contractor will inform the Client about the status and progress of the work. Further agreements can be made in the Agreement regarding the number of contact moments and how this will take place. Interim reports can be part of this. Parties appoint contact persons to facilitate this process and ensure it runs smoothly.
F.2.8 The Contractor is entitled, without prejudice to the provisions of Article A.6, to invoice an amount prior to the work and may wait with the execution of the Agreement until the first payment has been received by the Contractor.