Terms of Service

1. Scope of services

We deliver discovery, design, development, deployment and managed operations for custom web applications, portals and internal tools. The exact deliverables, timelines and pricing are described in the SOW or the pricing tier you select on our website (Landing & Newsletter, AI & Smart Cloud, Enterprise Cloud Native, Startup / NGO / Custom).

2. Quotes & orders

Quotes are valid for 30 days unless stated otherwise. An engagement starts when you confirm the SOW in writing (email is sufficient) and, when applicable, pay the setup invoice.

3. Fees, invoicing and taxes

• Prices are in EUR and exclude BTW/VAT unless stated otherwise.
• Setup fees are invoiced upon kick-off. Managed / subscription fees are invoiced monthly in advance.
• Payment term is 14 days. Overdue amounts accrue statutory commercial interest.

4. Client responsibilities

You provide timely feedback, access to necessary content, brand assets, third-party credentials, and a single point of contact. Delays caused by missing input may shift the delivery schedule.

5. Change requests

Changes outside the agreed scope are handled through a written change order with updated timeline and cost.

6. Intellectual property

Upon full payment, you receive a perpetual, worldwide licence to the custom code and design artifacts produced specifically for you. We retain rights to our pre-existing tools, libraries, patterns and know-how. Third-party components remain governed by their own licences.

7. Confidentiality

Each party keeps the other's non-public information confidential and uses it only to perform the engagement. This obligation survives termination.

8. Data protection

When we process personal data on your behalf, we act as a processor and will sign a Data Processing Agreement (DPA) if requested. See our Privacy Policy.

9. Service levels & support

Response and uptime targets depend on the tier. Enterprise Cloud Native includes a priority SLA. Support is provided in English and Dutch during business hours (CET), excluding Dutch public holidays.

10. Warranties & disclaimers

We deliver services with professional care. To the extent permitted by law, we disclaim implied warranties. The software is provided "as delivered" against the agreed acceptance criteria.

11. Limitation of liability

Except for damages caused by wilful misconduct or gross negligence, our aggregate liability under an engagement is capped at the fees paid by the client to us during the 6 months preceding the event giving rise to the claim. We are not liable for indirect or consequential damages, loss of profit, data or goodwill.

12. Term & termination

Project engagements end on delivery and acceptance. Subscription tiers renew monthly unless cancelled with 30 days' notice. Either party may terminate for uncured material breach.

13. Governing law

These Terms are governed by the laws of The Netherlands. Disputes are submitted to the competent court in Utrecht, unless mandatory law provides otherwise.

14. Contact

Questions: legal@appcustomcraft.com.