Terms and Conditions
Last updated: 4 October 2024
This English text is provided for convenience. In the event of any discrepancy, the Dutch version is legally binding.
1. General
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 shall remain fully in effect.
2. Offers and Agreements
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. Price and Payment
3.1 All prices are exclusive of turnover tax (VAT) and other government levies.
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 made on the basis of the invoices provided by eCom IT BV.
4. Confidentiality and Taking Over of Personnel
4.1 The client and eCom IT BV must keep secret all information received from the other party that is known or should be known to be confidential.
4.2 During the term of the agreement and for one year after its termination, neither party shall employ staff of the other party who were involved in the agreement without the other party's prior written consent.
5. Privacy, Data Processing and Protection
5.1 If eCom IT BV deems it necessary for the execution of the agreement, the client shall, upon request, promptly inform eCom IT BV in writing how it fulfils its obligations under data-protection legislation.
6. Retention of Title and Rights
6.1 All items delivered to the client remain the property of eCom IT BV until all amounts payable under the agreement have been paid in full.
7. Intellectual Property
7.1 All intellectual property rights to software, websites, databases, equipment and other materials developed or made available under the agreement are held exclusively by eCom IT BV, its licensors or its suppliers.
8. Cooperation by the Client
8.1 The client shall always provide eCom IT BV in good time with all data and information that is useful and necessary for the proper execution of the agreement, and shall give its full cooperation.
9. Termination of the Agreement
9.1 A party may terminate the agreement for an attributable failure only after a written notice of default granting a reasonable term to remedy the breach, where the other party culpably fails to fulfil essential obligations.
10. Liability of eCom IT BV
10.1 The total liability of eCom IT BV for an attributable failure or on any legal basis is limited to compensation for direct loss, up to a maximum of the price agreed for the agreement (excluding VAT).
11. Applicable Law and Disputes
11.1 The agreements between eCom IT BV and the client are governed by Dutch law.
12. Additional Terms and Conditions
12.1 In addition to these Terms and Conditions, the Nederland ICT Voorwaarden 2014 apply to all our services. You can find them here: Nederland ICT Terms and Conditions 2014.
12.2 In the event of any inconsistency between these Terms and Conditions and the Nederland ICT Voorwaarden 2014, these Terms and Conditions shall prevail.
