Terms & Conditions

1. Introduction

Welcome to AmsterTech. These Terms and Conditions govern your use of our website and the IT consulting and software development services provided by AmsterTech ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these terms. If you disagree with any part of these terms, you must not access our website or use our services.

We are a company registered in the Netherlands, committed to providing high-quality digital solutions. Please read these terms carefully, as they set out the legal framework for our relationship with you.

2. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following definitions apply:

• "Client" means the individual, company, or entity purchasing services from AmsterTech.
• "Services" means the IT consulting, software development, cloud solutions, cybersecurity, and any other technical services provided by AmsterTech as described in our proposals or statements of work.
• "Website" refers to the site located at amstertech.com and all its subpages.
• "Deliverables" means the products, code, documentation, or other tangible results produced by AmsterTech as part of the Services.

2. Scope of Services

AmsterTech agrees to provide the Services described in the specific Statement of Work (SOW) or proposal agreed upon by both parties. We reserve the right to modify the scope of Services with prior written notice to the Client, provided that any changes do not materially alter the total cost or timeline without the Client's approval.

Unless explicitly stated otherwise, our Services do not include:

• Procurement of third-party hardware or software licenses not explicitly listed in the SOW.
• Repair of hardware not managed by AmsterTech.
• Data migration services not specified in the original agreement.

3. Client Responsibilities

To enable AmsterTech to perform the Services effectively, the Client agrees to:

• Provide accurate, complete, and timely information and access to systems as required.
• Designate a single point of contact who has the authority to make decisions regarding the project.
• Ensure that all materials provided to AmsterTech do not infringe upon the intellectual property rights of third parties.
• Secure all necessary consents for data processing in accordance with applicable privacy laws.

4. Fees and Payment Terms

Fees for the Services are outlined in the applicable proposal or SOW. AmsterTech reserves the right to change our fees for future services at any time, but such changes will not affect Services already contracted.

4.1 Invoicing

Invoices are issued monthly or upon completion of project milestones, as determined in the SOW. All invoices are due within 14 days of the invoice date unless otherwise agreed in writing.

4.2 Late Payments

Failure to pay invoices on time may result in the suspension of Services. AmsterTech reserves the right to charge interest on overdue payments at the statutory maximum rate permitted by Dutch law.

5. Intellectual Property Rights

AmsterTech retains ownership of all pre-existing intellectual property, including proprietary code, libraries, and methodologies used in the delivery of Services.

5.1 Client Ownership

Upon full payment for the Services, AmsterTech assigns to the Client all intellectual property rights in the specific custom Deliverables created exclusively for the Client under the SOW.

5.2 License

If the Services involve the use of AmsterTech's standard code or non-custom frameworks, the Client receives a non-exclusive, non-transferable license to use such materials solely for the purpose of operating the Deliverables.

6. Confidentiality

Both parties agree to maintain the confidentiality of the other party's proprietary information. "Confidential Information" includes, but is not limited to, trade secrets, technical data, business plans, and customer lists. We shall not disclose Confidential Information to third parties without prior written consent, except as required by law or court order.

7. Data Protection and Privacy

AmsterTech is committed to protecting the privacy and personal data of our Clients and their users. As a data processor, we handle personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Dutch laws. For more details on how we collect and process data, please refer to our Privacy Policy.

The Client appoints AmsterTech as a data processor for the duration of the Services and warrants that it has provided all necessary notices and obtained all required consents from data subjects for the transfer of data to AmsterTech.

8. Limitation of Liability

To the maximum extent permitted by applicable law, AmsterTech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

Our total aggregate liability for any claims arising out of or relating to these terms or the Services shall not exceed the total amount paid by the Client for the Services giving rise to the claim during the twelve (12) months preceding the claim.

9. Warranty and Disclaimer

We warrant that the Services will be performed in a professional and workmanlike manner in accordance with industry standards. However, we do not warrant that the Deliverables will be error-free or uninterrupted.

The Website and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Termination

Either party may terminate the agreement for Services at any time by providing 30 days' written notice to the other party. In the event of termination by the Client, AmsterTech is entitled to payment for all Services performed up to the date of termination and any non-cancelable commitments made to third parties on behalf of the Client.

AmsterTech reserves the right to terminate Services immediately if the Client breaches any material term of these terms, including failure to pay fees when due.

11. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

12. Indemnification

You agree to indemnify, defend, and hold harmless AmsterTech, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website or Services; b) your violation of any term of these Terms; or c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

13. Amendments

We reserve the right to amend these Terms and Conditions at any time. All changes are effective immediately when we post them. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

AmsterTech
Herengracht 312
1016 BX Amsterdam
Netherlands

Email: [email protected]
Phone: +31 30 262 93 25