Terms & Conditions
1. Definitions
In these general terms and conditions, the following definitions apply:
- Nodient: Nodient, located at Keizersgracht 452, 1016 GD Amsterdam, registered with the Chamber of Commerce under number 98820648
- Client: the natural or legal person who enters into an agreement with Nodient
- Services: all work performed by Nodient for the Client, including AI automation, consultancy, design, development, and support
- Agreement: any arrangement or agreement between Nodient and the Client of which these general terms and conditions form part
2. Applicability
These general terms and conditions apply to all offers, quotations, agreements, and deliveries of services by Nodient. Deviations from these conditions are only valid if agreed upon in writing.
The applicability of any purchase or other conditions of the Client is expressly rejected.
3. Quotations and agreements
All quotations from Nodient are without obligation and valid for 30 days, unless otherwise stated. An agreement is established when the Client accepts a quotation from Nodient in writing or by email, or when Nodient actually performs an assignment.
4. Execution of services
Nodient will endeavor to perform the agreed services to the best of its knowledge and ability, in accordance with the requirements of good workmanship. Nodient has the right to have certain work performed by third parties.
The Client ensures that all data and materials necessary for the execution of the assignment are provided to Nodient in a timely manner. Delays resulting from failure to provide information on time or correctly are at the expense of the Client.
5. Intellectual property
All intellectual property rights to products developed by Nodient, including software, designs, documentation, and reports, remain with Nodient, unless otherwise agreed in writing.
Upon full payment of the agreed fees, the Client obtains a non-exclusive right of use for the delivered work for the purpose for which it was developed.
The Client may not modify, reproduce, or make the delivered work available to third parties without prior written consent from Nodient.
6. Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information obtained from each other in the context of the agreement. Information is considered confidential if this has been communicated by one of the parties or if this reasonably follows from the nature of the information.
This duty of confidentiality also applies after termination of the agreement.
7. Liability
Nodient's liability is limited to the amount paid out by the liability insurance in the relevant case, plus the deductible.
If the insurer does not pay out, Nodient's liability is limited to the amount charged for the relevant assignment, with a maximum of the invoice amount over the last three months.
Nodient is not liable for indirect damage, including consequential damage, lost profits, missed savings, or damage due to business stagnation.
8. Payment
Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing. In case of late payment, the Client is in default by operation of law and Nodient is entitled to charge the statutory commercial interest.
All stated amounts are exclusive of VAT, unless otherwise indicated.
9. Duration and termination
The agreement is entered into for the duration of the project, unless otherwise agreed. Both parties may terminate the agreement in writing with a notice period of 30 days.
In case of early termination, the Client is obliged to pay for the work performed up to that point.
10. Force majeure
Nodient is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure includes: power outages, internet disruptions, cyber attacks, epidemics, government measures, and all other circumstances over which Nodient reasonably has no control.
11. Applicable law
All agreements between Nodient and the Client are governed by Dutch law.
12. Disputes
Disputes arising from or related to the agreement shall be exclusively submitted to the competent court in the district of Amsterdam.
