Terms and Conditions

Last updated: October 4th 2024

1.1 These terms and conditions apply to all offers and agreements whereby eCom IT BV provides services of any nature to the client.

1.2 The applicability of any purchase or other conditions of the client is expressly rejected.

1.3 If any provision of these terms and conditions is null and void or is voided, the other provisions of these terms and conditions shall remain fully in effect.

2.1 All offers and other statements by eCom IT BV shall be without obligation, unless expressly indicated otherwise by eCom IT BV in writing.

2.2 The client guarantees the accuracy and completeness of the information that it submits to eCom IT BV and on which eCom IT BV bases its offer.

3.1 All prices are exclusive of turnover tax (VAT) and other levies imposed by the government.

3.2 eCom IT BV shall invoice the client for the services provided. The client must pay invoices in accordance with the payment terms stated on the invoice.

3.3 eCom IT BV does not offer online payment options. All payments are to be made based on the invoices provided by eCom IT BV.

4.1 The client and eCom IT BV must ensure that all information received from the other party that is known to be or should be known to be confidential in nature is kept secret.

4.2 During the term of the agreement and for one year following its termination, each of the parties shall only engage or otherwise employ, directly or indirectly, members of staff of the other party who are or were involved in the execution of the agreement after obtaining the prior written consent of the other party.

5.1 If eCom IT BV deems this to be necessary for the execution of the agreement, the client shall, upon request, promptly inform eCom IT BV in writing about the manner in which the client executes its obligations under legislation on the protection of personal data.

6.1 All items delivered to the client shall remain the property of eCom IT BV until all amounts payable by the client to eCom IT BV under the agreement concluded between the parties have been paid to eCom IT BV in full.

7.1 All intellectual property rights to software, websites, databases, equipment or other materials such as analyses, designs, documentation, reports and offers developed or made available under the agreement are held exclusively by eCom IT BV, its licensors or its suppliers.

8.1 The client shall always provide eCom IT BV in good time with all data or information that is useful and necessary for the proper execution of the agreement and shall give its full cooperation.

9.1 Each party shall only be entitled to terminate the agreement due to an attributable failure in the performance of the agreement if the other party, in all cases after a written notice of default that is as detailed as possible and that grants a reasonable term to remedy the breach has been issued, is culpably failing to fulfil essential obligations under the agreement.

10.1 eCom IT BV's total liability due to an attributable failure in the performance of the agreement or on any legal basis whatsoever, expressly including each and every failure to fulfil a warranty obligation agreed with the client, shall be limited to compensation for direct loss up to a maximum of the price stipulated for the agreement (excluding VAT).

11.1 The agreements between eCom IT BV and the client are governed by Dutch law.

12.1 In addition to these Terms and Conditions, the Nederland ICT Terms and Conditions 2014 apply to all our services. You can find these terms and conditions here: Nederland ICT Terms and Conditions 2014.

12.2 In the event of any inconsistency between these Terms and Conditions and the Nederland ICT Terms and Conditions 2014, these Terms and Conditions shall prevail.