Terms and conditions
Applicable to all quotations, services, activities, and deliveries by NetCare B.V.
1. Applicability
1.1 These general terms and conditions apply to all offers, quotations, agreements, and activities of NetCare B.V.
1.2 Deviations from these terms are only valid if confirmed in writing by NetCare B.V.
1.3 Any purchasing or other terms and conditions of the client are expressly rejected.
2. Quotations and agreements
2.1 All quotations from NetCare B.V. are non-binding, unless explicitly stated otherwise.
2.2 An agreement is established as soon as NetCare B.V. has confirmed an order in writing or has commenced execution.
2.3 Quotations are valid for 30 days from the date of issue, unless indicated otherwise.
3. Prices
3.1 All prices are exclusive of VAT and other government-imposed levies.
3.2 NetCare B.V. reserves the right to adjust prices if, after the conclusion of the agreement, it appears that the information provided was incorrect or incomplete.
3.3 Additional work will be charged separately.
4. Execution of the agreement
4.1 NetCare B.V. will execute the agreement to the best of its insight and ability, in accordance with the requirements of good workmanship.
4.2 Delivery periods are indicative and do not qualify as strict deadlines.
4.3 Exceeding a delivery period does not entitle the client to compensation for damages or dissolution of the agreement.
4.4 If the services provided by NetCare B.V. consist of consultancy, analysis, predictions, simulations, or other forms of interpretation of data or information, the outcomes thereof are indicative in nature and based on the data and insights available at that time. No guarantees or rights may be derived from such outcomes.
5. Liability
5.1 The liability of NetCare B.V. is limited to direct damage that is the direct result of intent or gross negligence.
5.2 NetCare B.V. is not liable for indirect damage, including consequential loss, lost profits, missed savings, and business stagnation.
5.3 Total liability is in all cases limited to the amount charged for the relevant agreement, with a maximum of three months of services.
6. Complaints
6.1 Complaints regarding the execution of the agreement must be submitted in writing and with reasons within 8 days of discovery.
6.2 If a complaint is found to be well-founded, NetCare B.V. will still perform or adjust the work.
7. Force majeure
7.1 NetCare B.V. is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure.
7.2 Force majeure is understood to mean any circumstance independent of the will of NetCare B.V. that temporarily or permanently prevents fulfillment of the agreement.
8. Payment
8.1 Invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing.
8.2 In the event of late payment, the client is in default by operation of law and statutory commercial interest is owed.
8.3 All judicial and extrajudicial collection costs shall be borne by the client.
9. Termination
9.1 NetCare B.V. is authorized to dissolve the agreement with immediate effect if the client is declared bankrupt, applies for a suspension of payments, or fails to meet its obligations.
10. Privacy
10.1 NetCare B.V. processes personal data in accordance with its privacy policy, as published on this website.
11. Applicable law and disputes
11.1 Dutch law applies to all legal relationships between NetCare B.V. and the client.
11.2 Disputes shall be submitted to the competent court in the district where NetCare B.V. has its registered office.
12. Final provisions
12.1 These general terms and conditions have been filed with the Chamber of Commerce and are available upon request.
