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

Article 1: Applicability

1.1 These terms and conditions apply to all quotations, agreements, execution of assignments, and deliveries by NetCare, including any modifications thereof.

1.2 Deviations from these terms and 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 non-binding and without obligation.

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

Article 2: Pricing

2.1 All prices are exclusive of VAT.

2.2 If a fixed price is agreed upon, it may be subject to change if the information on which this price is based proves to be incorrect or incomplete. In such a case, the price will be calculated based on post-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 cannot be met, the client will be informed promptly. Exceeding the delivery time does not entitle the client to compensation.

3.2 Proof of service delivery in accordance with the agreements is established by a signed delivery note or a form detailing the hours worked.

3.3 If payments are overdue, NetCare reserves the right to refuse new orders or suspend already agreed-upon orders until the payment obligation has been met.

Article 4: Complaints/Liability

4.1 Complaints regarding the services delivered must be reported in writing within eight days of delivery. NetCare must be given the opportunity to remedy 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 damage is demonstrably caused by the work performed by NetCare, the client may receive compensation for it.

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

4.4 The amount of compensation will not exceed the amount charged by NetCare for the service to which the damage relates, with a maximum of three months of service. NetCare’s liability remains at all times limited to the amount covered by a liability insurance policy.

Article 5: Force Majeure

5.1 Force majeure includes, but is not limited to: natural disasters, strikes, pandemics, cyberattacks, or other unforeseen circumstances beyond NetCare’s control.

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

Article 6: Payment

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

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

6.3 A dispute regarding the amount due must be reported in writing immediately upon receipt of the invoice. Failing this, it will be assumed that no dispute exists.

Article 7: Dissolution

7.1 Agreements between parties can be dissolved without judicial intervention, provided the dissolution is confirmed in writing, if one of the parties loses control over their assets, such as in the event of attachment, a request for suspension of payments, or a bankruptcy petition.

Article 8: Non-Solicitation Clause

8.1 It is not permitted to approach employees or freelancers working for NetCare for a direct agreement during the assignment or its extension, as well as for one year from the termination of the assignment. In case of violation, the client will owe a directly payable penalty of €25,000 per event, without further notice of default. This penalty 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 exclusively submitted to the court in ‘s-Hertogenbosch, without prejudice to the right of appeal.

Article 10: Filing

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