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General Terms and Conditions Elanq


Article 1. Definitions

In these General Terms and Conditions, the following terms are used in the following meanings, unless expressly stated otherwise:

  1. Elanq: The user of these general terms and conditions, located in Heijen, Chamber of Commerce 12056246.
  2. Client: The natural person or legal entity that enters into an agreement with Elanq.
  3. Services: All activities (such as software development, consultancy, maintenance) that Elanq performs for the Client.

Article 2. Applicability

  1. These terms and conditions apply to every offer, quotation, and agreement between Elanq and the Client.
  2. Any purchasing conditions of the Client are expressly rejected.

Article 3. Execution of the Assignment

  1. Elanq performs the assignment to the best of its knowledge and ability. This concerns an obligation of effort and not an obligation of result, unless otherwise agreed in writing.
  2. The Client ensures that all data required by Elanq for the execution of the assignment is provided in a timely manner.

Article 4. Rates and Payment

  1. All mentioned prices are exclusive of VAT and other government levies.
  2. Payment must be made within 14 days after the invoice date.
  3. In the event of exceeding the payment term, the Client is automatically in default and is liable to pay the statutory commercial interest.

Article 5. Intellectual Property

  1. All items developed by Elanq (code, designs, reports) remain the property of Elanq until the Client has fully complied with all obligations under the agreement.
  2. The Client is not permitted to provide or reproduce source codes to third parties without written consent, unless this is inherent to the assignment.

Article 6. Liability

  1. Elanq's liability is limited to a maximum of the invoice amount for the relevant assignment.
  2. Elanq is never liable for indirect damage, including consequential damage, lost profits, missed savings, or damage due to business stagnation.
  3. Elanq is not liable for damage caused by errors in third-party software or security incidents (such as hacks) that fall outside Elanq's direct influence.

Article 7. Force Majeure

  1. Elanq is not obliged to fulfill any obligation if it is hindered as a result of force majeure (e.g., disruptions in internet connections, hacking attacks, or power outages).

Article 8. Confidentiality and Privacy

  1. Both parties are obliged to maintain confidentiality of all confidential information obtained from each other in the context of their agreement.
  2. Insofar as Elanq processes personal data on behalf of the Client, Elanq acts as a 'processor' within the meaning of the GDPR.

Article 9. Applicable Law

  1. Dutch law exclusively applies to all legal relationships in which Elanq is a party.
  2. Disputes will be submitted to the competent court in the district where Elanq is located.