Terms and conditions

This is an English summary of the Dutch general terms and conditions of Bosman Automatisering. In case of any difference, the Dutch version prevails.

These terms apply to all quotes, assignments and agreements of Bosman Automatisering (sole proprietorship, Dutch Chamber of Commerce 42204311), Verlengde Meidoornstraat 32, 8091 DH Wezep, the Netherlands ('contractor'). Deviations only apply if agreed in writing (email included). The client's own terms do not apply unless expressly accepted in writing.

Quotes are non-binding and valid for the period stated (otherwise 30 days). An agreement is formed when the client accepts the quote online, by email or by signing, or when work starts with the client's consent.

The contractor performs the work to the best of their ability and in accordance with good workmanship (an obligation of effort unless a result was expressly promised). Deadlines are targets unless agreed otherwise in writing. The client provides the information, access and cooperation needed in time; delays caused by missing input are at the client's expense. Work outside the agreed scope is additional work, announced in advance and only done after approval.

Prices are in euros and exclude VAT unless stated otherwise (prices for consumers include VAT). Invoices must be paid within 14 days of the invoice date unless the invoice states otherwise. Late payment by a business client leads to statutory commercial interest and collection costs; consumers first receive a reminder with 14 days to pay, after which statutory interest and collection costs under Dutch law apply. Recurring services are invoiced in advance; prices may be adjusted once a year with one month's notice.

The client has 14 days after delivery to test the work and report defects. Without a report, or once the work is put into use, it is deemed accepted. Minor defects that do not prevent use are no reason to refuse acceptance and will be fixed within reasonable time.

All intellectual property rights remain with the contractor unless agreed otherwise in writing. After full payment the client receives a non-exclusive, perpetual right to use the work for its intended purpose and, for custom work, to have it modified. General knowledge and reusable components may be used for others. Open-source components are subject to their own licences.

For hosting and maintenance the contractor strives for good availability, security and daily backups but does not guarantee uninterrupted operation. The client remains responsible for the content it stores.

Liability is limited to direct damage and to the amount paid by the client for the assignment in the three months before the damaging event, capped at the amount paid out by the contractor's insurance (if any). The contractor is not liable for indirect or consequential damage, lost profit or data loss. These limits do not apply in case of intent or gross negligence and do not affect mandatory consumer rights.

In case of force majeure obligations are suspended; if it lasts longer than 60 days either party may terminate without compensation. Both parties keep each other's confidential information secret; where the contractor processes personal data on the client's behalf, a data processing agreement is concluded. Recurring services renew for the same period unless terminated with one month's notice (consumers: indefinite term, terminable monthly).

Consumers who conclude an agreement at a distance have a 14-day withdrawal period. If they want work to start within that period, the contractor asks for explicit consent; on withdrawal the consumer pays proportionally for work already done.

Dutch law applies. Disputes are first resolved by mutual consultation; otherwise the District Court of Gelderland (the Netherlands) has jurisdiction, without prejudice to a consumer's statutory right to choose the competent court.