Terms and conditions

01

Definitions

In these terms and conditions, the following definitions apply:

1. Client: the natural person or legal entity that instructs Matodev to provide services.
2. Matodev: the sole proprietorship Matodev, registered with the Dutch Chamber of Commerce under number 98513168, establishment number 000055201679, with its registered address at De Vleyen 84, 2134 ZD Hoofddorp.
3. Agreement: any agreement between Matodev and the Client.
4. Services: all work and deliveries performed by Matodev for or on behalf of the Client.
5. Intellectual property: all copyrights, trademarks, trade names, trade secrets, and other rights belonging to Matodev.
6. Additional work: work not included in the quotation or order confirmation.
7. Uptime: the availability of hosting services as described in Article 10.
8. Force majeure: circumstances as described in Article 12.

02

Applicability

• These terms and conditions apply to all quotations, offers, agreements, and deliveries by Matodev.
• Any deviation is valid only when agreed in writing.
• Any general or other terms and conditions of the Client are expressly rejected.

03

Quotations and prices

1. All quotations issued by Matodev are non-binding unless stated otherwise.
2. Prices exclude VAT and any travel and accommodation expenses.
3. The Client is responsible for providing all required information fully and on time.
4. Additional work is deemed accepted unless the Client objects in writing within 14 days of it being offered.

04

Formation and duration of the agreement

1. The agreement is formed when the Client accepts the quotation in writing or digitally.
2. The duration and term of the agreement are stated in the order confirmation.
3. Termination must comply with the notice periods stated in the order confirmation.

05

Payment

1. Invoices must be paid within 14 days of the invoice date to the bank account stated on the invoice.
2. If payment is not made on time, the Client is in default without any further notice of default being required.
3. In accordance with the Dutch Late Payment Act, the Client owes interest on the outstanding amount.
4. Debt-collection costs are payable by the Client.

06

Intellectual property

1. Matodev retains all intellectual-property rights to designs, texts, websites, and software developed by Matodev.
2. After full payment, the Client receives a non-exclusive, non-transferable right of use.
3. Use by third parties is permitted only with Matodev’s written consent.

07

Liability

1. Matodev is not liable for indirect loss, including consequential loss, loss of profit, and missed savings.
2. Liability is limited to the amount paid under the professional indemnity insurance in the relevant case or, if no payment is made under that insurance, to the invoice value of the services provided.
3. Matodev is liable for other loss only in cases of intent or gross negligence.
4. Website content falls outside Matodev’s liability unless expressly stated otherwise.

08

Privacy and data protection

1. Matodev processes personal data in accordance with its privacy policy.
2. The General Data Protection Regulation applies to the processing of personal data.

09

Changes to the terms

1. Matodev reserves the right to amend these terms and conditions.
2. Changes will be announced on the website 30 days before they take effect.
3. After a change is announced, the Client has the right to terminate the agreement with immediate effect.

10

Additional terms for hosting and maintenance

1. Matodev guarantees uptime of at least 99% per quarter.
2. Maintenance may be announced with 24 hours’ notice.
3. When the agreement ends, Matodev will delete all data from its servers within 30 days.

11

Support and warranty

1. Matodev provides a 12-month warranty on its own work unless agreed otherwise.
2. The warranty is void if changes are made by third parties or in the event of improper use.
3. Support requests are answered within two working days.

12

Force majeure

1. If Matodev is affected by force majeure, its performance deadlines are suspended.
2. Force majeure includes natural disasters, cyberattacks, failures involving suppliers, and pandemics.
3. If force majeure continues for more than 60 days, either party may terminate the agreement.

13

Complaints and disputes

1. Complaints about the performance of the agreement must be submitted in writing within seven days of discovery.
2. Dutch law applies to all disputes.
3. Disputes will be submitted to the competent court in Amsterdam.

14

Delivery and installation

1. Unless agreed otherwise, the Client is responsible for hosting, installation, and commissioning.
2. Matodev may make performance of the agreement conditional on full payment of all amounts owed by the Client.

15

Use by third parties

1. The Client may not make the services or documentation provided available to third parties, in whole or in part, without Matodev’s prior written consent.
2. Any breach results in immediate termination of the agreement and may give rise to claims for damages.

16

Final provision

1. If one or more provisions of these terms and conditions prove to be void, the remaining provisions remain in full force.
2. In that event, the parties will consult to agree replacement provisions.