General Terms and Conditions Technia B.V.

Netherlands ICT Conditions 2014

  • On all agreements and offers from Technia B.V. – the Netherlands ICT Conditions 2014 (www.nederlandict.nl, filed with the Chamber of Commerce for the Central Netherlands under number 30174840), apply. A copy of the last known version will be sent to the customer free of charge upon request. The Netherlands ICT Conditions 2014 are available through the Chamber of Commerce.
  • If the aforementioned Dutch ICT Conditions 2014 are renewed / changed, the then-current version of the Netherlands ICT Conditions will apply.
  • The Dutch ICT Conditions 2014 include a limitation of liability, which applies to those provided by Technia B.V. services to be performed and products to be supplied.
  • In the event of a conflict between the provisions in a quotation issued or an agreement concluded with the customer and the Netherlands ICT Conditions 2014, the provisions in the quotation or agreement will prevail.

Dassault Systèmes End User License Agreement

  • At all via Technia B.V. Products / software supplied by Dassault Systèmes, as well as the maintenance claims based on them (the so-called ‘PLC’ or ‘ALC’) of Dassault Systèmes, only the (latest version of the) End User License Agreement (EULA) of Dassault Systèmes applies. A copy of the last known version will be sent to the customer free of charge upon request.
  • In the event of a conflict between the aforementioned EULA and one or more provisions of an agreement concluded with the client / client or an offer made to the client / client, the provisions of said EULA shall prevail.

Technia B.V. End User License Agreement

  • On all to the customer by Technia B.V. delivered products / software (Alfamail VISI, Alfamail COINS / CBIS) – as well as, if and where applicable, the maintenance claims based thereon – are the relevant ones by Technia B.V. applicable license terms apply as contained in the by Technia B.V. applied EULA. This EULA is available via the website. A copy of the last known version will be sent to the customer free of charge upon request.
  • In the event of a conflict between the aforementioned EULA and one or more provisions of an agreement concluded with the customer or an offer made to the customer, the provisions of said EULA shall prevail.

Prices, invoicing & payment

  • All prices mentioned are exclusive of turnover tax (VAT) and other government levies. Price changes are reserved.
  • Payment must be made within thirty (30) days of the invoice / invoice date, unless a different term is stated in writing, failing which the client / client owes the statutory commercial interest and, where applicable, the costs related to take collection measures. The extrajudicial collection costs amount to at least 15% of the principal sum with a minimum of 250 euros (excluding VAT).
  • Billing of variable costs will take place monthly on the basis of the costs actually incurred in the past month. This does not affect the right of Technia B.V. to pre-invoice in its favor. Licenses, maintenance contracts as well as obligations arising from a Service Level Agreement are always invoiced in advance.
  • Organizational subscriptions (Alfamail VISI, Alfamail COINS / CBIS) are invoiced in advance per calendar year. This subscription is subject to a notice period of 1 month before the start of the new calendar year.
  • Project and user subscriptions (Alfamail VISI, Alfamail COINS / CBIS) are billed quarterly in advance. This subscription is subject to one month’s notice before the start of the new quarter.
  • If the payment term is exceeded, Technia B.V. entitled to cancel a subscription (Alfamail VISI, Alfamail COINS / CBIS). Costs will be charged for reactivating a subscription.
  • Complaints, as well as requests for specification, can only be received if they are motivated and submitted in writing within thirty (30) days after the invoice / invoice date.

Validity of offers

  • Offers have a maximum validity of one month after the date of the offer, unless stated otherwise in writing.

Prohibition on taking over employees and hired third parties.

  • The customer (including all companies belonging to the customer’s group) will not be employees of Technia B.V. without the prior written permission of Technia BV.
  • The above applies mutatis mutandis to employees hired by Technia BV, whether or not through a secondment agency or other third party, as a freelancer, self-employed person or otherwise on a contract basis. (and therefore not as an employee) for at least for the benefit of Technia BV are employed.
  • Under Technia B.V. in this context is also understood to include all other companies belonging to the group to which Technia B.V. belongs. Technia B.V. can attach conditions to such permission, such as the payment of financial compensation and / or other conditions, also in view of the loss of resources, knowledge / know-how, training, recruitment and / or other costs.
  • All this without prejudice to the other provisions of this offer and / or the Netherlands ICT Conditions 2014.

Approval of general terms and conditions

  • By approving an offer, concluding an agreement or using by or via Technia B.V. products / licenses made available, the customer declares that he / she is aware of and agrees to these General Terms and Conditions.
  • The applicability of general and / or purchasing conditions used by the customer / client is explicitly rejected.

 

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