Applicability
These terms and conditions apply to all quotes, agreements and work carried out by Encendra (“Encendra”, “we”), unless otherwise agreed in writing. By using our services or by agreeing to a quote, you accept these terms.
Quotes and offers
All quotes from Encendra are non-binding, unless explicitly stated otherwise, and are valid for 30 days from the date of issue. An agreement is only formed once the client has accepted a quote in writing (or by email).
Performance of the agreement
Encendra will carry out the agreed work to the best of its knowledge and ability. Any stated delivery times are indicative and are not to be regarded as a strict deadline, unless explicitly agreed otherwise in writing. Proper performance requires the client to provide the necessary information, access and materials in a timely manner.
Prices and payment
All stated prices are exclusive of VAT, unless stated otherwise. Invoices must be paid within 14 days of the invoice date. In the event of late payment, the client is automatically in default and Encendra is entitled to charge statutory commercial interest and reasonable collection costs.
Term and termination
Agreements for a fixed term end automatically upon expiry of the agreed period. Ongoing agreements may be terminated by either party in accordance with the agreed notice period. Encendra may terminate or suspend the agreement with immediate effect in the event of the client’s bankruptcy, suspension of payments, or persistent failure to meet its obligations.
Intellectual property
All intellectual property rights to works developed by Encendra, such as designs, texts, code and strategies, remain with Encendra, unless otherwise agreed in writing. Upon full payment, the client is granted a right of use for the agreed purpose.
Liability
Encendra is only liable for direct damage that is the direct result of an attributable failure in the performance of the agreement. Encendra’s liability is at all times limited to the amount paid out in the relevant case under its liability insurance, or, if no payment is made, to the invoice amount of the relevant assignment. Encendra is never liable for indirect damage, including consequential damage and loss of profit.
Force majeure
In the event of force majeure, performance of the agreement is suspended for as long as the force majeure situation continues. Force majeure includes, among other things: outages at hosting providers or third parties, strikes, illness of key personnel, and government measures.
Confidentiality
Both parties undertake to keep confidential all confidential information received from each other in connection with the agreement, unless there is a legal obligation to disclose it.
Applicable law and disputes
All agreements with Encendra are governed by Dutch law. Disputes that cannot be resolved by mutual agreement will be submitted to the competent court in the district where Encendra is established.
Changes
Encendra reserves the right to amend these terms and conditions. The most up-to-date version can always be found on this page. Questions about these terms can be sent to dineke@encendra.com.