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On this page you can read the General Terms and Conditions of Techtendencias.
Techtendencias BV
Temporary visiting address:
Kruitpad 6
1398 CP Muiden
T:+31 (0) 615942232
informations @ techtendencias.nl
techtendencias.nl
The provisions of these general terms and conditions of Techtendencias are part of the agreement between Techtendencias and the Customer. This means, among other things, that all words written with a capital letter have the same definitions as in the agreement and the associated appendices. In these general terms and conditions, the following terms have the meanings stated below:
Techtendencias BV, established in Muiden and registered in the trade register of the Chamber of Commerce under number: ......
The natural person, acting in a profession or business, or legal entity that requests Techtendencias to submit a quotation and/or has entered into an agreement with Techtendencias.
All products to be delivered or delivered by Techtendencias for or to the Customer.
All services to be delivered or delivered by Techtendencias for or to the Customer.
These general terms and conditions of Techtendencias.
2.1 These Terms and Conditions apply to all current and future services, agreements, issued quotations and accepted Orders of Techtendencias. General terms and conditions of the Customer do not bind Techtendencias and their applicability is hereby expressly rejected to the extent necessary. Deviations from these Terms and Conditions only apply if Techtendencias has confirmed such deviations in writing.
2.2 If an agreement between Techtendencias and the Customer deviates from these Terms and Conditions, the agreements from the agreement between Techtendencias and the Customer apply.
2.3. Techtendencias is permitted to unilaterally amend the Terms and Conditions in accordance with Article 19 of these general terms and conditions. The amended Terms and Conditions also apply to existing agreements between Techtendenciasand its Customers.
2.4. Techtendencias will always make every effort to execute the agreement with the Customer to the best of its knowledge and ability.
2.5. Orders are accepted and executed exclusively by Techtendencias. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code do not apply to the Order(s). Techtendencias is free to have (part of) the Services performed by third parties.
3.1. All quotations and offers from Techtendencias, both verbal and written, are without obligation, unless Techtendencias has expressly included a term for acceptance.
3.2. Quotations and offers from Techtendencias are always based on information as provided (in advance) by the Customer. All information that Techtendencias needs for the execution of the agreement is provided by the Customer and the Customer guarantees that this information is complete and correct. An agreement with Techtendenciasis concluded by a written confirmation from Techtendencias, with the exception of a Framework Agreement signed by Techtendencias and the Customer.
4.1. All prices and rates as communicated by Techtendencias are exclusive of VAT, surcharges, other taxes, duties and/or other levies that may be levied on the Products and/or Services, unless otherwise agreed in writing.
4.2. The prices used by Techtendencias depend on the Products and/or Services that the Customer purchases and are therefore stated in the Order(s) or another agreement.
4.3. Techtendencias is in any case entitled to index the prices once per calendar year on 1 January. Techtendencias will announce the price change at least 30 calendar days in advance.
4.4. The costs for licenses or other services of third parties will be invoiced separately, unless otherwise agreed in writing between Techtendencias and the Customer.
4.5. If one or more cost price factors increase after the date of conclusion of the Order or another agreement, Techtendencias may increase the agreed price. Techtendencias is furthermore entitled to pass on a price change in the services of third parties one-on-one to the Customer.
4.6. If one or more cost price factors increase after the date of conclusion of the agreement, Techtendenciasmay increase the agreed price.
5.1. Techtendencias applies a payment term of 30 days for the payment of invoices. If the Customer allows this payment term to elapse unused, Techtendencias will send the Customer a one-off payment reminder, which qualifies as notice of default. In doing so, Techtendencias will offer the Customer a new reasonable term to proceed with payment. This reasonable term is always 7 days. After the expiry of these 7 days, the Customer is in default.
5.2. By defaulting, the Customer immediately forfeits an interest payable equal to 2.5% on the amount payable, for each month (or part thereof, which is considered equivalent to a full month) that payment is not made, without prejudice to Techtendencias's right to full compliance and/or compensation. This expressly deviates from the provisions of Article 6:92 of the Dutch Civil Code.
5.3. If the Customer is in default with the payment of an amount due, Techtendencias is also entitled to compensation for the extrajudicial collection costs. These costs are set at an amount equal to 15% of the amount due and with a minimum of EUR 250. This deviates from the provisions of Article 6:96 paragraph 4 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs.
5.4. In deviation from the payment term as stated in Article 5.1, Techtendencias may request (partial) payment in advance. Techtendencias may also request this after the agreement has been concluded, but the Products and/or Services have not yet been delivered or have been delivered in part.
5.5. If and as soon as the Customer is in default, Techtendencias is entitled to suspend its obligations under the agreement. If Techtendencias provides Services, including hosting of software and/or databases, to the Customer, Techtendencias is entitled to take the hosting of the software and/or databases offline until the Customer has fulfilled all its payment obligations (including payment of interest and extrajudicial costs outstanding up to that point).
5.6. Any objections to the amount or content of an invoice, rejections (of sprints or phases) or other objections with regard to the Services and Products do not suspend the Customer's payment obligation.
5.7. The Customer is not entitled to offset.
6.1. All terms stated by Techtendencias for Products and/or Services to be delivered by it are indicative. These are not fatal terms.
6.2. The Customer is obliged to accept the Products and/or Services at the time they are made available to him.
6.3. If a term communicated by Techtendencias is exceeded, Techtendencias will inform the Customer as soon as possible, but Techtendencias is in no case obliged to compensate any damage that the Customer may suffer in this regard.
6.4. Techtendencias is permitted to deliver the Products and/or Services in several parts.
6.5. If the Customer does not pay the costs owed to Techtendencias(on time), Techtendencias reserves the right to refuse delivery of the Products, performance of the Services and/or any other performance until the Customer has paid all amounts owed to Techtendencias, without prejudice to (and therefore not in lieu of) other rights under the law or the agreement.
6.6. If it has been agreed that the Services will be performed by Techtendencias in sprints or phases, Techtendencias is entitled to postpone the commencement of the Services belonging to a subsequent sprint or phase until the Client has approved the results of the preceding sprint or phase (in writing).
6.7. The Client is not permitted to base a rejection in a later sprint or phase on circumstances from an earlier sprint or phase.
7.1. All Products delivered by Techtendencias shall remain the property of Techtendencias until all claims that Techtendencias has or may acquire on the Customer pursuant to agreements for the delivery of Products (including any related (collection) costs and interest) have been paid in full.
7.2. Before the said transfer of ownership, the Customer shall not be entitled to use, sell, deliver or otherwise alienate the Products other than in accordance with its normal business and the normal destination of the Products.
7.3. The Customer shall be obliged to carefully store the Products delivered under retention of title.
The Customer hereby undertakes to provide additional security for its payment obligations to Techtendencias at the first request of Techtendencias. Additional security may be requested, for example, if the Customer indicates that it has financial problems, has not paid Techtendencias on time in the past or if the creditworthiness of the Customer is insufficient in the opinion of Techtendencias. Techtendencias may request advance payment (advance payment) by way of security or request that the Customer appoints a joint and several debtor or guarantor. This list is not exhaustive.
9.1. Agreements for the supply of Products and/or Services have a term as stated in the agreement.
9.2. Techtendencias may terminate the agreement at any time with due observance of a notice period of one month, without being liable for any damages.
9.3. Agreements for a fixed term for the supply of Products and/or Services cannot be terminated prematurely by the Customer, unless otherwise agreed in writing. The applicability of article 7:408 BW is expressly excluded. Unless the parties have agreed otherwise in writing, the agreement for a fixed term will be tacitly extended after the end of the term by the same term, unless the Customer terminates the agreement in writing no later than four (4) months before the end of the term.
9.4. The Customer may terminate the agreement for an indefinite term by means of a written notice with due observance of a notice period of one (1) year, unless otherwise agreed in writing. Termination of the agreement does not affect the payment obligations of the Customer owed up to that point.
9.5. In the event that:
- the Client requests the granting of a suspension of payments or the bankruptcy of the Client is declared by the Client or is requested by one or more of the Client's creditors or if the Client submits a declaration of commencement in the context of a WHOA procedure or requests a restructuring expert for the purpose of a WHOA procedure, or if a creditor of the Client requests the appointment of a restructuring expert in the context of a WHOA procedure;
- the Client is granted a provisional suspension of payments or, in the event that the Client is declared bankrupt, the court appoints a restructuring expert in the context of a WHOA procedure or otherwise opens a WHOA procedure with respect to the Client;
- the Client loses the free disposal of its assets and/or income in whole or in part (or is placed under guardianship or administration or debt restructuring becomes applicable);
- (part of) the assets or other assets of the Client are seized (in execution);
- the Client sells or liquidates its company; and/or
- Customer fails to fulfil its obligations under the agreement, fails to fulfil them in a timely manner or fails to fulfil them properly;
TEchtendenciasshall have the right to terminate or (partially) dissolve the agreement(s) at its discretion without prior notice of default, with immediate effect, without being liable for any damages or guarantee and without prejudice to what TEchtendenciasis legally entitled to.
10.1. The Customer is obliged to carefully check and test a Product and/or Service immediately after delivery. The Customer must notify Techtendencias in writing of any defects without delay, but no later than 5 days after discovery, even if the defects require further investigation by the Customer.
10.2. The complaint must contain a description of the shortcoming that is as detailed as possible, so that Techtendencias is able to respond adequately.
10.3. The Customer is obliged to notify Techtendencias in writing of any objections to the amount or content of invoices from Techtendencias within 14 days. If the Customer does not complain in time, it can no longer object and all invoices, specifications, descriptions and prices are deemed to have been approved and confirmed by the Customer. 10.4. If the Customer has complained in time, this does not suspend its payment obligations or other obligations arising from these Terms and Conditions and/or the agreement.
11.1. Techtendencias is not liable for damage, unless there is intent or deliberate recklessness.
11.2. Techtendencias is never liable for any damage resulting from the lack of information that the Customer could have provided or from incorrect information provided by the Customer.
11.3. To the extent that Techtendencias is liable, any (non-)contractual liability of Techtendencias is always limited to directly suffered damage. In other words, Techtendencias is never liable for indirect damage or consequential damage or other indirect damage such as loss of turnover or loss of profit.
11.4. Any (non-)contractual liability of Techtendencias is furthermore limited to the amount paid out by Techtendencias's liability insurer. If for whatever reason no payment is made by Techtendencias's liability insurer, any (non-)contractual liability of Techtendencias is always limited to the invoice amount of the last invoice.
11.5. Techtendencias shall not be liable for any errors or shortcomings of third parties engaged by it, products and/or services of third parties (including software and database licenses). Techtendencias is authorized by the Customer to accept any liability limitations of third parties on behalf of the Customer.
11.6. Except as otherwise provided in these Terms and Conditions, the limitation period for all claims and defenses of the Customer against Techtendencias shall be one year from the moment that the Customer became or should have become aware of the damage.
11.7. The Customer shall indemnify Techtendencias against claims by third parties against Techtendencias in connection with:
- damage resulting from (alleged) unlawful or careless use of the Products/Services delivered to the Customer;
- damage resulting from a defect in the Products/Services delivered by Techtendencias that were used, processed, edited, mixed, treated, stored, modified or (re)delivered by the Customer with the addition of or in conjunction with the Customer's own products;
- infringements of intellectual property rights on all materials and/or data provided by the Customer that are used in the performance of the agreement;
- damage resulting from data, information, website(s) and the like stored by the Customer.
12.1. Techtendencias reserves the right to suspend the fulfillment of its obligations in the event of force majeure.
12.2. Force majeure shall in any case be deemed to exist if, as a result of any circumstance, Techtendencias can no longer reasonably be expected to (continue to) fulfill its obligation, even if that circumstance was foreseeable at the time the order was accepted. Force majeure is understood to mean in any case (but not limited to): disruptions in the telecommunications infrastructure, license refusals and disruptions in the company of Techtendencias, (disrupted) denial of service attacks, storm damage and other natural disasters, pandemics, lockouts, call-ups or threat of war, illness of irreplaceable employees, strikes, force majeure and/or failure (in time) to comply by the (software) supplier(s) of Techtendencias or other third parties engaged, fire and other accidents in the company as well as all government measures taken or issued and in general all circumstances that fall outside the sphere of influence of Techtendencias.
12.3. If the aforementioned suspension has lasted longer than 3 months or if Techtendencias can foresee that it will last longer than 3 months, Techtendencias has the right to (partially) terminate the agreement, without the Customer being entitled to any right to compensation.
13.1. The intellectual property rights arising from the agreement with Techtendencias, including but not limited to trademark law, design law, patent law and copyright, shall become and remain the intellectual property of Techtendencias, unless otherwise agreed in writing between the Parties. If a further deed is required for the acquisition of intellectual property rights by Techtendencias – including copyrights – the Customer hereby agrees to the transfer of the intellectual property rights that have arisen and to the recording thereof in a deed. Techtendencias is and shall remain the holder of all rights relating to information, methods, formulas, techniques, processes, systems and programs that have been developed by or for Techtendencias and that are made available or communicated to the Customer.
13.2. All intellectual property rights to custom work shall belong to Techtendencias, except for the components that the Customer makes available to Techtendencias. With regard to those components, the Customer grants Techtendencias (also for future services and possibilities) a worldwide, unlimited, perpetual, free of charge, non-exclusive and sublicensable right of use.
13.3. All documents and Products provided by Techtendencias, including but not limited to advice, agreements, designs, printed matter, artwork, software, apps, websites, prototypes or pilot versions, are exclusively intended for use by the Client and may not be reproduced, modified, made public or brought to the attention of third parties without the prior written consent of Techtendencias.
13.4. In the event of a breach of the obligations under this article 13, the Client shall forfeit an immediately due fine to Techtendencias of EUR 25,000 per breach, increased by a fine of EUR 5,000 for each day (or part thereof) that a breach continues, without prejudice to Techtendencias's right to performance and/or full compensation. This expressly deviates from article 6:92 BW.
13.5. If Techtendencias, in the performance of its services, needs to use (source) materials provided by the Client that are protected by any intellectual property right, the Client guarantees that it has all intellectual property rights and licenses necessary for the provision to and the intended use by Techtendencias within the framework of the agreement.
14.1. If expressly agreed, Techtendencias will register domain names and/or maintain a domain name server for the Customer. The Customer is familiar with the General Terms and Conditions for .nl domain name holders of SIDN (see www.sidn.nl). The Customer is the rightful owner of this domain name and is responsible for:
- paying all fees related to the domain name and renewing the registration in this regard, and
- meeting all technical, administrative and other requirements set by the body responsible for registering the domain name.
14.2. The registration of domain names by Techtendencias is entirely at the expense and risk of the Customer. Techtendencias accepts no liability in connection with such registrations.
14.3. A registration does not establish any trademark rights or other intellectual property rights to a domain name. Any (trademark) protection of a domain name must be arranged by the Customer itself. Techtendencias shall in no event be liable in the event of claims by the Customer and/or third parties on a domain name based on intellectual property rights.
15.1. Software and/or database licenses supplied by Techtendencias from third parties are subject to the license conditions, warranties and obligations imposed by these third parties and form part of the agreement between Customer and Techtendencias. Customer authorizes Techtendencias to accept any such third party conditions on its behalf.
15.2. To the extent that Techtendencias manages software and/or databases for Customer, even if they are hosted on the systems of Techtendencias or a third party designated by it, Customer remains responsible for the use of that software and/or databases.
15.3. Customer agrees that additional conditions are or may be attached to the use of software and databases on Customer's own website, even if they are hosted via the systems of Techtendencias or a third party designated by it, including with regard to the (license) fees owed by Customer.
16.1. All information provided by Techtendencias, such as the identity of third parties engaged by Techtendencias, but also information such as advice, agreements and other documents of which the Customer could reasonably understand that those documents could be of a confidential nature, are exclusively intended to be used for the performance of the agreement and may not be reproduced, made public or brought to the attention of third parties without the prior written consent of Techtendencias. Third parties also include employees or subordinates of the relevant party who are not (need to be) involved in the performance of the agreement.
16.2. In the event of a violation of the obligations under this article 16, the Customer shall forfeit an immediately due fine to Techtendencias of EUR 25,000 per violation, increased by a fine of EUR 5,000 for each day (or part thereof) that a violation continues, without prejudice to Techtendencias's right to performance and/or full compensation. This expressly deviates from the provisions of article 6:92 BW.
Techtendencias makes every effort to process the personal data it holds in accordance with the General Data Protection Regulation (EU) 2016/679. More information about how Techtendencias handles personal data is included in Techtendencias's privacy statement as displayed on its website: https://www.newstory.nl/legal .
If any provision or part of a provision of these Terms and Conditions is void or unenforceable or is found to be void or unenforceable by a competent court, this voidness or unenforceability shall not affect the other provisions or parts of these provisions of these Terms and Conditions, all of which shall then remain fully in force. The Customer and Techtendencias undertake to each other to amend or adjust the relevant provision(s) in such a way that the intended purport is maintained as much as possible. Such an amendment or adjustment shall only come into force if it is recorded in writing.
Techtendencias is permitted to unilaterally amend these Terms and Conditions. The amended Terms and Conditions shall also apply to existing agreements between Techtendencias and its Customers.
20.1. All agreements, Assignments and activities of Techtendencias are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
20.2. Disputes will be submitted to the competent judge of the court of The Hague, location Leiden.
Muiden | Techtendencias
Date last modified: April 26, 2025
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