1. General

These terms and conditions apply to all offers, quotations and agreements between De_AIjk, located in South Holland, hereinafter referred to as "Service Provider", and a Client to whom the Service Provider has declared these conditions applicable, insofar as parties have not explicitly and in writing deviated from these conditions.

These conditions also apply to actions of third parties engaged by the Service Provider in the context of the assignment.

The applicability of any purchasing or other conditions of the Client is expressly rejected.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain fully applicable. The Service Provider and the Client shall then consult to agree on new provisions to replace the void or annulled provisions, taking as much as possible into account the purpose and intent of the original provisions.

2. Quotations and offers

All quotations and offers from the Service Provider are without obligation, unless the quotation states a deadline for acceptance. If no acceptance deadline is stated, the offer shall lapse after 30 days.

The Service Provider cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or typographical error.

The prices stated in a quotation or offer are exclusive of VAT and other government levies, and any costs to be incurred in the context of the agreement, including travel, accommodation, shipping and administration costs, unless stated otherwise.

3. Contract duration, delivery deadlines, risk transfer, performance and amendments, price increases

The agreement between the Service Provider and the Client is entered into for an indefinite period, unless the nature of the agreement implies otherwise or if parties explicitly and in writing agree otherwise.

If a deadline has been agreed or given for the performance of certain work or the delivery of certain items, this is never a firm deadline. In the event of a deadline being exceeded, the Client must therefore give the Service Provider written notice of default. The Service Provider must be offered a reasonable period to still perform under the agreement.

The Service Provider shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship, based on the state of knowledge at that time.

4. Payment and collection costs

Payment must always be made within 14 days of the invoice date, unless otherwise agreed in writing. The Service Provider is entitled to invoice periodically.

If the Client fails to pay an invoice on time, the Client shall be in default by operation of law. The Client shall then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate is owed. Interest on the outstanding amount shall be calculated from the moment the Client is in default until the moment of full payment.

5. Retention of title

Items delivered by the Service Provider in the context of the agreement remain the property of the Service Provider until the Client has properly fulfilled all obligations arising from the agreement(s) with the Service Provider.

Items delivered by the Service Provider that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Client is not entitled to pledge items subject to retention of title or to encumber them in any other way.

6. Intellectual property

The Service Provider reserves the rights and powers vested in it pursuant to the Copyright Act and other intellectual property legislation. The Service Provider has the right to use knowledge gained from performing an agreement for other purposes, provided that no strictly confidential information of the Client is disclosed to third parties.

7. Warranties, inspection and complaints, limitation period

The services to be delivered by the Service Provider meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands.

Any form of warranty shall lapse if a defect arises as a result of or attributable to improper or inappropriate use, incorrect storage or maintenance by the Client and/or third parties.

8. Liability

If the Service Provider is liable, such liability is limited to what is provided in this clause.

The Service Provider is not liable for damage of any kind arising because the Service Provider relied on incorrect and/or incomplete information provided by or on behalf of the Client.

If the Service Provider is liable for any damage, the Service Provider's liability is limited to a maximum of twice the invoice value of the order, or at least to that part of the order to which the liability relates.

The Service Provider's liability is in any case always limited to the amount paid out by its insurer, where applicable.

9. Confidentiality

Both parties are obliged to maintain confidentiality regarding all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if communicated as such by the other party or if this follows from the nature of the information.

10. Applicable law and disputes

Dutch law exclusively applies to all legal relationships in which the Service Provider is a party, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship resides there.

The court in the Service Provider's place of business has exclusive jurisdiction over disputes, unless the law prescribes otherwise. Nevertheless, the Service Provider has the right to submit the dispute to the competent court according to the law.

Parties shall first appeal to the court only after they have made every effort to settle a dispute by mutual agreement.

11. Specific provisions for AI services

With regard to the implementation of AI solutions, the Service Provider endeavours to deliver the best possible result, but cannot provide guarantees regarding the performance, accuracy or reliability of AI systems given the inherent limitations of this technology.

The Client is responsible for providing high-quality data for training and use of AI systems. The Service Provider is not liable for results arising from the use of incorrect, incomplete or non-representative data provided by the Client.

The Service Provider is not liable for decisions made by the Client on the basis of output or recommendations generated by AI systems.

12. Amendment of conditions

The version applicable is always the version in effect at the time the legal relationship with the Service Provider was established.

These terms and conditions were last updated on 16 December 2025.

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