Conditions

The following registered conditions apply to all our deliveries and services.

Article 1: Applicability

1.1 These terms and conditions apply to all quotations, agreements, execution of orders and deliveries from NetCare, including changes thereto.

1.2 Deviations from these conditions are only valid if confirmed in writing by NetCare.

1.3 All quotations issued by NetCare and the prices and conditions stated therein are entirely without obligation and not binding.

1.4 Orders are only binding if they have been confirmed in writing by NetCare.

Article 2: Prices

2.1 All prices are exclusive of VAT.

2.2 If a fixed price is agreed, this may be deviated from if the information on which this price is based appears to be incorrect or incomplete. In that case, the price is calculated based on subsequent calculation of hours and materials after consultation with the client.

2.3 All prices in quotations, price lists, brochures and offers are subject to change.

Article 3: Delivery

3.1 If an agreed delivery time proves to be unfeasible, the client will be informed of this in a timely manner. Exceeding the delivery time does not entitle the client to compensation.

3.2 Proof of delivery of the service in accordance with the agreements is a signed packing slip or a form describing the hours worked.

3.3 If there are outstanding payments for which the term has already expired, NetCare reserves the right to refuse new orders or to suspend already agreed orders until the payment obligation has been met.

Article 4: Advertising/Liability

4.1 Complaints regarding the services provided must be reported in writing within eight days of delivery. NetCare must be given the opportunity to resolve the complaint and/or limit the damage within a reasonable period. If the client fails to do so or does not cooperate, the right to compensation lapses.

4.2 If there is damage that is demonstrably caused by the work that NetCare has carried out, the client can receive compensation for this.

4.3 Only direct damage, which includes demonstrable damage to equipment or software caused by NetCare's work, will be compensated. Indirect damage, such as loss of profit, is explicitly excluded.

4.4 The amount of compensation amounts to a maximum of the amount that NetCare has charged for the service to which the damage relates, with a maximum of three months of service provision. NetCare's liability is at all times limited to the amount covered by liability insurance.

Article 5: Force majeure

5.1 Force majeure includes: natural disasters, strikes, pandemics, cyber attacks, or other unforeseen circumstances beyond the control of NetCare.

5.2 In the event of force majeure, there is no right to compensation and agreed delivery times can be postponed without the client having the right to cancel the agreement.

Article 6: Payment

6.1 Payment must be made in one lump sum within 14 days of the invoice date. If payment is not made on time, the invoice amount will be increased with interest of 1% per month and €25 administration costs per reminder. All costs incurred to collect the invoice, including legal costs, are borne by the client.

6.2 Compensation for any claim asserted by the client is excluded.

6.3 A dispute about the amount to be claimed must be reported in writing immediately after receipt of the invoice. Failing this, it will be deemed that no dispute exists.

Article 7: Dissolution

7.1 Agreements between parties can be dissolved without judicial intervention, provided that the dissolution is confirmed in writing, if one of the parties loses the power to dispose of its assets, such as in the event of attachment, an application for suspension of payments, or a bankruptcy application.

Article 8: No takeover clause

8.1 During the assignment or extension thereof, as well as one year after termination of the assignment, it is not permitted to approach employees or self-employed persons working for NetCare for a direct agreement. In the event of a violation, the client owes an immediately payable fine of €25,000 per event without further notice or notice of default. This fine does not affect the other rights of both parties, including the right to compensation.

Article 9: Disputes

9.1 All disputes arising from the agreement will initially be submitted to an independent mediator. If mediation does not lead to a solution, disputes will be submitted exclusively to the court in 's-Hertogenbosch, without prejudice to the right of appeal.

Article 10: Deposit

10.1 These delivery conditions have been filed with the Chamber of Commerce in Eindhoven under number 17085365 and can also be consulted on the NetCare website.