All offers are valid for thirty days unless specified otherwise.
All prices are quoted in Euros and exclude sales / withholding tax (where applicable).
Any other applicable taxes are NOT included in our prices and are the Clients’ responsibility. As such these taxes will be ADDED to our sales invoices.
An invoice accompanied by proper justification for all reimbursables will be payable at the end of every month.
Payment for consultative services will be invoiced upon delivery of such consultative services.
Payment for training and courses will be invoiced in advance and must be paid at least 1 week before the start of the respective training or course.
Payment for software and maintenance will be invoiced upon delivery of such software.
Payment for Interfaces and custom developments will be invoiced 50% in advance and 50% upon installation.
Cancellation charges for training courses are 10 % following confirmation of order, 50 % within 2 weeks of course start and 100% within 2 working days of course start.
On-site services (implementation consultancy etc.) are charged per day.
Payment Terms are 30 days upon receipt of invoice. Supplier reserves the right to charge interest on amounts owed which are not paid in a timely manner. Interest will be calculated at the annual rate of 8% above the base rate of the Euribor, calculated from the date of issue of the invoice.
Supplier expects Client to understand that if payment of invoices is not made in accordance with our Terms of Business, Supplier reserves the right to decline to act further. In such an event a final invoice will be rendered.
The maintenance fee is 25% of the software licensing cost listed in the standard pricelist, based on the purchased configuration and must be paid in advance. The maintenance fee is 25% of the Standard knowledgebases listed in the standard pricelist and starts from the next year after the purchase, and must be paid yearly in advance. Renewal maintenance fees are calculated annually for a 1-year period and could be subject to yearly indexation.
All fees are exclusive of any travel time as well as any travel and subsistence costs (Airfare, Lodging, etc). These costs will be billed as reimbursable expenses as described above.
Client declares not to commercially exploit any of the products or services delivered by Supplier through selling, lending, multiplying or otherwise distributing to other parties outside of this agreement, with the exception of (sub)contracting partners of Client which have to use the products or services delivered as a result of their contract with Client. These parties can use the products or services if specifically agreed upon in the agreement between Supplier and Client.
Supplier warrants that it owns the copyright and any other intellectual and industrial property rights in the Software and the Documentation and is entitled to license the Software and furnish Documentation and Maintenance and Support to Client under this Agreement.
It is understood that all intellectual property, copyright and trademarks in relation to any Documentation provided by Supplier remains with Supplier. Further Client undertakes not to copy or reproduce for any purpose any Documentation be that course work, articles or reports provided to Client other than with our written consent. In the event that Client does so, in addition to any other rights available to Supplier, Supplier shall be entitled to a compensatory payment from Client for a sum not exceeding Euro 2,000.
The project success cannot be guaranteed, given the nature of the task. The consultants ensure that the quality of the executed work regarding adequacy of the developed structures for the worked out solution, systematic in methodology and approach. Supplier shall have no liability regarding achievement of the project goals. However, Supplier will ensure that the software is working according to the enclosed “End-user license agreement for Cost Engineering software”.
Supplier can only act on the information and instructions Client provides to us. Supplier will assume that the information Client gives Supplier is factually accurate and is as full as possible. In the event that Client has any questions or queries or doubt whether the information Client is giving is sufficient Client should contact Supplier immediately. Client must not assume nor should Client assume that Supplier has knowledge of any factual matters nor the manner in which Clients’ business is run or the human dynamics within Clients’ business.
Client may instruct Supplier either verbally or in writing. However Supplier may ask Client to confirm verbal instructions in writing. If there is any change in Clients’ instructions or any change in the service which Client wishes Supplier to provide Client must notify Supplier immediately.
The confidential information provided to Supplier by Client will be dealt with in confidence and will only be disclosed to parties authorized by Client or as required by a court, tribunal or other authorized body.
Supplier is free to use this agreement with Client for marketing and/or advertising or other purposes.
The Supplier shall not be under any liability to the Distributor or to any other party in any way whatsoever for destruction, damage, delay or any other matters of any nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs or industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the unavailability of deliveries, supplies, software, disks or other media or the requisitioning or other act or order by any government department, council or other constituted body.
This Agreement sets out the entire understanding between the parties with respect to the subject matter thereof and supersedes all prior oral and written arrangements and understandings between the parties relating thereto.
If any provision of this Agreement shall be found to be illegal, unenforceable or otherwise invalid, then, notwithstanding any such invalidity, this Agreement shall remain in full force and effect and such provision shall be deemed to be deleted.
Failure or neglect by the Supplier to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Supplier’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice the Supplier’s rights to take subsequent action.
The Agreement shall be governed by and construed in all respects in accordance with the laws of the Netherlands and the parties hereby submit to the nonexclusive jurisdiction of the Dutch courts.
You may instruct us either verbally or in writing. However we may ask you to confirm verbal instructions in writing. If there is any change in your instructions or any change in the service you which you wish us to provide you must notify us immediately.