Terms and conditions

1. Applicability

These terms and conditions apply to all quotations, agreements, and work performed by End Solutions. Deviations apply only when agreed in writing. The client’s terms and conditions do not apply unless End Solutions expressly accepts them in writing.

2. Quotations and agreements

Quotations are non-binding and valid for the period stated in them. An agreement is formed when the client accepts an offer in writing or when End Solutions starts performing the work at the client’s request.

Estimates of time, costs, and delivery dates are indicative unless expressly agreed otherwise in writing.

3. Performance and cooperation

End Solutions performs the work carefully and to the best of its ability under an obligation of means. The client provides all information, access, and cooperation required for performance in a timely manner. Delays caused by missing or incorrect input may affect the schedule and costs.

Changes to the assignment may lead to adjustments to the price, schedule, and delivery. End Solutions will inform the client as soon as reasonably possible.

4. Delivery and acceptance

The client assesses a delivered result within the agreed acceptance period, or otherwise within fourteen days. Any defects must be reported as specifically as possible. Minor defects that do not reasonably prevent use do not delay acceptance and will be remedied within a reasonable period.

5. Fees and payment

All amounts exclude VAT and other levies unless stated otherwise. Invoices must be paid within fourteen days of the invoice date. In the event of late payment, End Solutions may, after allowing a reasonable remedy period, charge statutory commercial interest and reasonable collection costs and suspend the work.

6. Intellectual property

Rights to existing software, tools, methods, and generic components remain with End Solutions or its licensors. After full payment, the client receives the right of use described in the agreement for the result specifically created for the client. Intellectual property rights are transferred only when expressly agreed in writing.

Third-party software and open-source software are subject to their applicable licence terms.

7. Confidentiality and personal data

The parties treat confidential information received in connection with the assignment as confidential. Where End Solutions processes personal data for the client, the parties will make separate processing arrangements where required.

End Solutions may use AI-assisted tools in performing the work. Personal and confidential data is removed from information in advance so that it cannot be linked to an individual or client. AI output is reviewed by a person before being included in a deliverable.

8. Liability

End Solutions is liable only for direct loss resulting from an attributable failure. Liability per event is limited to the amount invoiced for the relevant assignment during the preceding six months, subject to a maximum of the amount paid by the liability insurer in the relevant case.

Liability for indirect loss, including consequential loss, lost savings, loss of data, and lost profits, is excluded to the extent permitted by law. These limitations do not apply in cases of intent or deliberate recklessness by End Solutions.

9. Force majeure

Neither party is required to fulfil an obligation where this is reasonably impossible because of circumstances beyond its control. If force majeure continues for more than sixty days, either party may terminate the affected part of the agreement in writing without compensation.

10. Duration and termination

An agreement continues for the agreed duration. Either party may terminate it in writing if the other party continues to commit a material breach after a reasonable remedy period. Work already performed and obligations already incurred will be settled upon termination.

11. Governing law and disputes

The agreement is governed by Dutch law. The parties will first try to resolve a dispute through consultation. If that is unsuccessful, the dispute will be submitted to the competent court in the district of The Hague, unless mandatory law provides otherwise.

12. Contact

Questions about these terms can be sent to info@endsolutions.nl.