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

Article 1: Applicability

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

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

1.3 All offers made by NetCare and the prices and conditions stated therein are entirely non-binding and without obligation.

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

Article 2: Prices

2.1 All prices are exclusive of VAT.

2.2 If a fixed price is agreed upon, deviations may occur if the information on which this price is based proves to be incorrect or incomplete. In that case, the price will be calculated based on post-calculation of hours and materials after consultation with the client.

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

Article 3: Delivery

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

3.2 Proof of delivery of the service in accordance with the agreements is a delivery note signed for approval or a form describing the hours worked.

3.3 If payments are outstanding past their due date, NetCare reserves the right to refuse new assignments or suspend already agreed assignments until the payment obligation has been fulfilled.

Article 4: Complaints/Liability

4.1 Complaints regarding the delivered services must be reported in writing within eight days after 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 there is damage demonstrably caused by the work performed by NetCare, the client may receive compensation for this.

4.3 Only direct damage, understood as 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 is limited to the amount NetCare charged for the service to which the damage relates, with a maximum of three months of service. NetCare’s liability is always limited to the amount covered by its liability insurance.

Article 5: Force Majeure

5.1 Force majeure includes, among other things: natural disasters, strikes, pandemics, cyberattacks, or other unforeseen circumstances beyond NetCare’s control.

5.2 In case 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 after the invoice date. If payment is not made on time, the invoice amount will be increased by 1% interest per month and €25 administration costs per reminder. All costs incurred to collect the invoice, including legal costs, are at the client’s expense.

6.2 Compensation of any claim the client may assert is excluded.

6.3 Any dispute about the amount to be claimed must be reported in writing immediately after receipt of the invoice. If not, it is assumed that there is no dispute.

Article 7: Termination

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

Article 8: No Non-Solicitation Clause

8.1 It is not permitted during the assignment or its extension, as well as for one year after termination of the assignment, to approach employees or freelancers working for NetCare for a direct agreement. In case of violation, the client owes an immediately payable penalty of €25,000 per incident without further notice or 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 submitted exclusively to the court in ’s-Hertogenbosch, without prejudice to the right of appeal.

Article 10: Registration

10.1 These terms of delivery are registered with the Chamber of Commerce in Eindhoven under number 17085365 and can also be consulted on the NetCare website.