This is a translation of the Dutch original. Where the two differ, the Dutch text prevails.
These terms apply to all quotes, assignments and agreements between EVVECT V.O.F. and its clients. We have tried to keep them readable. Where something is unclear, the reading that best matches what a reasonable person would understand applies.
1 · Definitions
In these terms:
- Evvect — EVVECT V.O.F., registered with the Dutch Chamber of Commerce under number 42138672.
- Client — the party entering into an agreement with Evvect.
- Services — all work Evvect performs, including design, development, hosting and maintenance.
- Products — software developed by Evvect and provided under licence, such as Evvect Rental.
2 · Applicability
These terms apply as soon as Evvect issues a quote or starts work. We expressly reject the client’s purchasing conditions, unless we have accepted them in writing.
Where an arrangement in the agreement differs from these terms, that arrangement prevails.
3 · Quotes and agreement
Quotes are valid for thirty days and without obligation. An agreement comes into being when the client accepts the quote in writing or by email, or as soon as Evvect starts performing.
In plain language. Say yes to the quote and we have an agreement. If we start work without you saying yes explicitly, that counts as agreement too.
4 · Performance and cooperation
Evvect performs the work to the best of its insight and ability. Deadlines are indicative unless expressly designated as final. The client provides all necessary information and access in good time, and appoints a single point of contact.
5 · Prices and payment
All amounts are exclusive of VAT. Invoices are paid within fourteen days, unless agreed otherwise.
Where the client has given a direct debit mandate, collection takes place on or shortly after the invoice date. The invoice serves as the pre-notification; the parties thereby expressly agree a shorter notification period than the fourteen days that apply as a starting point for SEPA direct debit. The client receives the invoice by email at the address known to Evvect.
If a collection is reversed or a valid mandate is missing, the fourteen-day payment term applies and the client pays themselves.
6 · Intellectual property
For bespoke work, Evvect transfers the intellectual property in the source code written specifically for the client upon full payment. For components Evvect reuses across clients — libraries, components, the design system — the client receives a perpetual, non-exclusive licence to use them.
For products such as Evvect Rental, ownership remains with Evvect and the client receives a licence to use it for the duration of the subscription.
7 · Liability
Evvect’s liability is limited to the amount invoiced under the assignment in question over the last twelve months, up to a maximum of the amount paid out by its insurer. Evvect is not liable for consequential loss, lost profit, or loss of data the client could have backed up themselves.
This limitation does not apply in cases of intent or deliberate recklessness.
8 · Term and cancellation
Maintenance and licence agreements are entered into for the agreed term and renew tacitly for the same period. Cancellation is possible with effect from the end of the term, with one month’s notice. Cancel in writing, by email to contact@evvect.com; the notice period starts on the day we receive your message, and we always confirm a cancellation.
Amounts paid in advance are not refunded when the client cancels early: the paid period is seen out. The cases where a refund does apply are in Cancellation and refunds.
On termination, Evvect provides all of the client’s data on request in common, open formats. We charge nothing for that.
9 · Hosting
If you take hosting from us, two further documents form part of these terms:
- Our fair use policy: what counts as normal use, what does not, and that we always get in touch before limiting anything.
- Our SLA: 99.9% availability per month, how we measure it, and the discount you get if we miss it.
Where those documents conflict with these terms, what they say applies for hosting.
10 · Governing law
Dutch law applies to all agreements. We bring disputes before the competent court in the district where Evvect is established, after genuinely trying to resolve them together first.