Terms & Conditions
1. Definitions
1.1. ‘Contractor’ (she): InSymbol, registered with the Chamber of Commerce under number 77227735 and with its registered office at Prandinga 1 in (8431 VP) Oosterwolde.
1.2. ‘Client’ (he): a person, company or institution that purchases a product or service from InSymbol or has the intention to do so.
1.3. ‘Assignment’: the work, services and/or advice as agreed in advance.
2. General provisions
2.1. The general terms and conditions apply to the quotations, assignments and services of the contractor.
2.2. Further agreements, commitments and statements by the contractor are only binding if they have been confirmed by the contractor.
3. Quotations
3.1. When applicable, the contractor will make a quotation based on information provided by the client.
3.2. Quotations are offered without obligation by the contractor and are valid for 14 days, unless indicated otherwise.
3.3. Quotations do not automatically apply to future assignments.
3.4. After acceptance of a quotation within the stipulated term, the assignment is agreed and these general terms and conditions apply.
3.5. The agreed amounts apply to the execution of an assignment with a maximum of one correction round, unless expressly agreed otherwise. If the client subsequently wishes to have further changes made, new price agreements will be made for the additional order.
4. Assignment
4.1. The Client undertakes to provide correct, clear and complete information in a timely manner that is relevant to the execution of the assignment.
4.2. If the client makes substantial adjustments to the order after the written agreement of the order, new price agreements and delivery times must be agreed.
4.3. The Contractor undertakes to perform the assignment to the best of its ability, in accordance with the professionalism and expertise that the Client may expect from the Contractor. The Contractor hereby has a best efforts obligation, but cannot guarantee results, unless expressly agreed otherwise.
5. Payment
5.1. After approval of a proposal, it is binding, as a result of which the client assumes a payment obligation, even if he decides not to use the services provided.
5.2. Before starting the assignment 20% of the total will be charged. When the payment is received InSymbol will start with the assignment as agreed in the proposal.
5.3. After completion of the assignment, but before delivery of the product, the contractor will send an invoice. Payment of the order takes place, unless otherwise agreed in writing, within 14 days after the invoice date. After payment, the product is released to the client.
5.4. After payment, the client is free to use the delivered products for his own person or company.
6. Force majeure
6.1. By ‘force majeure’ is meant all causes, situations or circumstances that arise beyond the control of the contractor, as a result of which the contractor is unable to fulfill its obligations, such as illness, incapacity for work and power failure.
6.2. In the event of force majeure, the contractor will inform the client as soon as possible.
6.3. In the event of force majeure, the contractor may decide to suspend the work, even if the agreed delivery period is thereby exceeded. If possible, a new delivery term will be determined immediately in consultation.
6.4. If the force majeure situation lasts longer than two months, both parties can dissolve the agreement in writing. However, the Client is obliged to pay for the work already performed by the Contractor.
7. Liability
7.1. The Contractor cannot be held liable for any costs arising from the failure to (timely) fulfill the delivery as described in Article 6 (force majeure).
7.2. By accepting the order, the client accepts the liability arising from the services provided and indemnifies the contractor against any claim for compensation, either from the client itself or from third parties.
7.3. If it can be demonstrated that the contractor cannot invoke the above indemnification through intent or gross negligence, the contractor is only obliged to compensate the damage to the client up to a maximum of the invoice amount.