You can find the General Terms and Conditions of Techonomy BV below.
ARTICLE 1. GENERAL
1.1 These General Terms and Conditions apply to all products customers purchase from Techonomy. These include consultancy and advice, training courses, software implementations, software connections, marketing campaigns, and all other work carried out by Techonomy for its customers. These conditions also apply if Techonomy hires third parties to perform work for its customers.
1.2 Customers are counterparties of Techonomy and purchase products and/or services from it.
1.3Techonomy, established in Eindhoven with CoC number 09204741, provides products and/or services.
1.4 These conditions will always be attached to quotations and offers made by Techonomy. If you accept a quotation without questions and/or comments about these conditions, we will assume you have accepted them. If you (partially) disagree with the conditions, we will draw up custom conditions for the contract in question if we consider this disagreement to be founded.
1.5 Your purchase conditions or other conditions will not apply.
ARTICLE 2. QUOTATIONS
2.1 Quotations and offers of Techonomy are valid for 30 days and will be prepared free of charge. After you sign the quotation, Techonomy will have 5 business days to reject it. An agreement will exist between Techonomy and you once you have signed a quotation, after which Techonomy will be required to deliver the agreed products and/or services.
2.2 Quotations and offers will be sent by e-mail. Only written acceptance by e-mail or on paper will be valid. Any agreements made in person or by telephone are invalid.
2.3 An exploratory conversation will often take place by phone, Skype, or at a physical location. Usually, no costs will be charged for this, unless otherwise agreed.
2.4 The costs set out in quotations and offers do not include VAT and any additional costs, such as travel and accommodation costs.
2.5 Quotations and offers will be prepared based on the requirements, wishes, and other relevant information you have provided. You, as a customer, are responsible for this. If the information is incorrect or incomplete, Techonomy has the right to amend or annul the quotation.
2.6 Any deposit included in a quotation or offer must first be paid before the work will be started or required products and/or services will be purchased.
ARTICLE 3. EXECUTION OF WORK
3.1 The majority of the activities of Techonomy consists of the performance of work, such as providing strategic advice, developing marketing campaigns, setting up software systems, etc. Naturally, Techonomy performs this work with the best intentions and to the best of its insight and ability, as you may expect from professionals.
3.2 Techonomy may hire third parties to implement (parts of) your contract, in which context it will expect these third parties to work with the same intentions and insight.
3.3 All agreements you conclude with Techonomy revolve around a best effort obligation, not an obligation to deliver results. This means that we cannot provide guarantees concerning the expectations and results you envisage. This applies, for example, to obtaining positions in search engines, results of e-mail or social media campaigns, etc.
3.4 Techonomy expects you to provide all cooperation in the form of the provision of documents, login credentials, etc. in order to enable the best possible implementation of your contract. If this does not take place and the development is (partially) halted as a result, Techonomy will have the right to suspend the agreement or schedule.
3.5 Techonomy may request anything it needs from you during the performance of work. Techonomy assumes that the provided items are not encumbered by any copyrights or other rights.
3.6 Techonomy will observe any statutory obligations that apply during the performance of the work. This includes the processing of personal data in accordance with the General Data Protection Regulation and other statutory requirements. Techonomy will inform you without delay if this affects the agreed work.
ARTICLE 4. PROCUREMENT OF PRODUCTS AND SERVICES
4.1 A contract may require the procurement of external products or services. Examples are website plug-ins, etc. Techonomy asks you to arrange the above procurement yourself where possible, unless otherwise agreed in the quotation.
4.2 If Techonomy takes care of the procurement, these costs will be included in the quotation or offer. Any requested advance payment must have been made before we will arrange this procurement.
4.3 Techonomy purchases its products and services from reputable parties. However, Techonomy cannot guarantee the quality provided by these parties. In case of any disputes concerning the delivery or quality of the products and services, Techonomy will look for the best possible solution with you and the third party. Techonomy cannot be held liable for any direct or indirect costs that arise from this.
ARTICLE 5. YOUR OBLIGATIONS
5.1 Techonomy expects you to provide all cooperation concerning the delivery of documents, login credentials, and the like to enable the best possible implementation of your contract. Techonomy will indicate what it needs from you. Techonomy assumes that the provided items will not be encumbered by any copyrights or other rights.
5.2 If work must be carried out at external locations, which means any other location than the Techonomy offices, Techonomy assumes that the required facilities will be available.
5.3 If delays are caused by any late or incorrect provision of items, Techonomy may suspend or move the agreement or the schedule.
5.4 By signing this agreement, you indemnify Techonomy against any claims by third parties related to the agreed work or services. Any damage cannot be recovered from Techonomy. Techonomy expects you to fully cooperate in case of any disputes.
ARTICLE 6. OWNERSHIP
6.1 You will purchase the applications, web pages, or websites from Techonomy and these will be your property. This means that you may do with them what you want and may hire any parties at your discretion. Techonomy will no longer be responsible for the operation of a web page or website after the delivery. This is not the case if a maintenance contract has been concluded between you and Techonomy. Any agreements that are set out in this contract will apply together with this agreement.
6.2 Any documents, images, texts etc. you have provided will remain your property. Techonomy will only use these to perform its work as well as possible.
6.3 Techonomy may need personal data from your partners for e-mail marketing or social media, for example. These personal data will remain your property and responsibility. Also refer to Article 7 on personal data.
6.4 As you may expect from Techonomy, everything you provide will be treated with the utmost care and confidentiality. Confidential information will remain confidential and will not be shared with third parties.
ARTICLE 7. PERSONAL DATA
7.1 Personal data may not be processed without a purpose based on the General Data Protection Regulation (GDPR). A processor agreement is required when Techonomy needs access to your personal data and those of your partners. Techonomy has a template for this processor agreement. This processor agreement must be signed by both you, as a customer, and Techonomy.
7.2 Personal data will remain your property. Any breaches, claims and the like will initially be for your account. You can later hold Techonomy responsible based on valid grounds. In that case, Techonomy will look for a solution in accordance with the provisions of the processor agreement. Techonomy has a professional and liability insurance which it may and can make use of.
ARTICLE 8. DELIVERY
8.1 The delivery periods indicated by Techonomy are estimates. Of course, Techonomy will always deliver as soon as it is able after a quotation or offer has been accepted. If delivery cannot take place within an agreed period, Techonomy will report this as soon as possible and suggest an adjusted period. The expiry of a period does not entitle you to any form of compensation.
8.2 We expect you to provide feedback on the provided services or products within 5 business days. If we have not received any feedback within 5 business days, we will consider the contract to have been completed. If 5 business days is not enough, you must inform us as soon as possible, at the latest within these 5 business days. We will determine a new feedback period in consultation.
ARTICLE 9. TERMINATING AGREEMENTS
9.1 Agreements can be terminated in writing by one of the parties based on valid grounds. Termination is also possible if Techonomy or you remain in default. Termination will be mandatory if Techonomy or the customer goes bankrupt.
9.2 If you prematurely terminate the agreement, we will have the right to invoice any hours worked and costs incurred until the time of termination.
9.3 You cannot claim any form of compensation if we terminate the agreement. However, if desired, we will (together) look for a solution or another party who wants to continue our work.
ARTICLE 10. PAYMENT AND COLLECTION COSTS
10.1 We observe a default payment period of 14 days. We expect you to pay the invoice amount within this period. This is possible using bank transfer or iDeal.
10.2 We send our invoices by e-mail. Please let us know if you want to receive them in writing.
10.3 We will ask for an advance payment of 25% or 50% for amounts that exceed € 500. That invoice must be paid before we will start our work.
10.4 For example, we will charge any automatic invoices for web hosting or maintenance on the 1st day of each month, or, if agreed otherwise, on the 1st day of each quarter, every six months, or each year.
10.5 Please contact us immediately if you disagree with an invoice. The invoice will not be canceled, but we will provide a credit invoice if your complaint is justified.
10.6 We will send a reminder if no payment has been received within 14 days. If necessary, this will be followed by a formal warning after 7 days. This formal warning must be paid within 3 days.
10.7 If no payment has taken place after this formal warning, we will transfer the invoices to a collection firm. The firm will handle the collection of the due amounts for us. Any associated costs will be for your account and be added to the invoice amount.
ARTICLE 11. LIABILITY
11.1 Our liability will be limited by the provisions of this agreement.
11.2 Techonomy will not be liable for damage caused by provided documents, images, texts, etc. We assume that these documents, images, texts etc. are correct and not encumbered by any rights.
11.3 Techonomy will not be liable for mistakes by third parties and tools, such as Google, web host provider TransIP, e-mail marketing package MailChimp or Copernica, etc.
11.4 If Techonomy is found to be liable, this will be limited to direct damage. These are, for example, the reasonable costs incurred to determine the scope and cause of the damage, costs to comply with our mutual obligations based on this agreement, and the costs incurred to limit any further damage, provided that it has been demonstrated that these measures are necessary and have the required scope. We will never be liable for indirect damage. Indirect damage cannot be recovered from Techonomy.
11.5 If Techonomy is liable, the damage amount will be limited to the agreed quotation or invoice amount. In that case, the damage amount will never exceed the amount paid by our professional and/or liability insurance.
11.6 If you want to hold us liable, you must do so as soon as possible, at the latest within 1 month of the invoice for the contract in question.
ARTICLE 12. FORCE MAJEURE
12.1 If we face a situation of force majeure, we will not be required to meet our obligations. Of course, we will inform you without delay if this is the case.
12.2 Force majeure includes all situations that have been defined by law, unforeseen circumstances, illness or death, and situations that occur at third parties.
12.3 If we are unable to fulfill our obligations due to force majeure, we may suspend the agreement with immediate effect. Of course, we will discuss the best possible solution for you in this case.
ARTICLE 13. COMPLAINTS
13.1 Please contact us as soon as possible if you have a complaint about us or the provided work or services. The goal is to resolve your complaint within 2 weeks.
13.2 If your complaint is justified, we will provide an appropriate solution, either in the form of monetary compensation or otherwise.
13.3 If you have a complaint about a third party which was involved in the contract, you must submit it to this third party. Of course, this will take place in consultation with us to ensure we can look at a solution together.
13.4 This agreement and our work and products are governed by the laws of the Netherlands. If we cannot find an amicable solution, disputes will be submitted to the competent court in the Netherlands.
ARTICLE 14. CONTACT
14.1 If you have any questions after reading these General Terms and Conditions, do not hesitate to contact us at:
5617 BA Eindhoven