General Terms and Conditions Digital Dockyard

1. General

1.1 These general terms and conditions apply to all offers, quotations, work, orders and agreements between Digital Dockyard, established in Maastricht, hereinafter referred to as “Digital Dockyard”, and clients, unless expressly agreed otherwise in writing.

1.2 By entering into an agreement with Digital Dockyard, the client agrees to these general terms and conditions.

2. Quotes and Agreements

2.1 All Digital Dockyard quotes are without obligation, unless otherwise stated in writing. Quotes are valid for 30 days, unless otherwise agreed.

2.2 An agreement is concluded as soon as the client agrees in writing or by e-mail to a quotation from Digital Dockyard.

3. Execution of the Assignment

3.1 Digital Dockyard will carry out the assignment to the best of its knowledge and ability, in accordance with the requirements of good workmanship.

3.2 The client is obliged to provide all data necessary for the execution of the assignment in a timely manner. Delays caused by the failure to provide this data (in a timely manner) are at the expense of the client.

3.3 Digital Dockyard reserves the right to engage third parties to execute orders.

4. Delivery times

4.1 Delivery times are determined in consultation and are indicative, unless a binding term has been expressly agreed in writing.

4.2 Exceeding a delivery term does not entitle the client to compensation or termination of the agreement, unless there is intent or gross negligence on the part of Digital Dockyard.

5. Changes and Additional Work

5.1 If, during the execution of the agreement, it appears that changes or additions are necessary, the parties will adjust the agreement in a timely manner and in mutual consultation.

5.2 Additional work will be invoiced separately at the agreed rates or, failing that, at Digital Dockyard's usual rates.

6. Rates and Payment

6.1 All prices are exclusive of VAT, unless stated otherwise.

6.2 Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing.

6.3 If the payment term is exceeded, the client will be in default without further notice of default. In that case, the client will owe statutory interest, as well as any collection costs.

7. Liability

7.1 Digital Dockyard is only liable for direct damage resulting from intent or gross negligence.

7.2 Digital Dockyard is not liable for indirect damage, such as consequential damage, lost profits or missed savings.

7.3 Digital Dockyard's liability is limited to the amount charged for the relevant assignment.

8. Intellectual Property Rights

8.1 All designs, software, documents and other materials developed by Digital Dockyard remain the property of Digital Dockyard, unless otherwise agreed in writing.

8.2 The client is not permitted to reproduce, publish or exploit the delivered goods without the written permission of Digital Dockyard.

9. Force majeur

9.1 In the event of force majeure, Digital Dockyard is not bound to its obligations towards the client. Force majeure is understood to mean: all external causes that Digital Dockyard cannot influence, such as disruptions, delays at suppliers or illness.

10. Termination of the Agreement

10.1 Either party may terminate the agreement at any time in writing, subject to a notice period of 30 days.

10.2 In the event of premature termination of the agreement, the client is obliged to pay for the work carried out up to that point.

11. Applicable Law and Disputes

11.1 All agreements with Digital Dockyard are governed by Dutch law.

11.2 Disputes will be submitted to the competent court in the district where Digital Dockyard is established.

12. Final provision

12.1 If a provision of these general terms and conditions proves to be null and void or invalid, the remaining provisions will remain fully in force. In that case, the parties will enter into consultations to make a replacement arrangement.

Contact details:

Digital Dockyard

Address:
Van der Heydenstraat 26
6223 CR
Maastricht

Phone number:
+31 6 20 73 39 83
Email address:
info@digitaldockyard.nl