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Terms and Conditions – Bulqsoft B.V.


1. Definitions

In these Terms and Conditions:

  • Bulqsoft: Bulqsoft B.V., including all affiliated entities.
  • Client: Any individual or legal entity using services from Bulqsoft.
  • Services: All services provided by Bulqsoft, including but not limited to software development, consulting, SaaS platforms, integrations, and maintenance.
  • Agreement: Any contract or arrangement between Bulqsoft and the Client.

2. Applicability

  1. These Terms apply to all offers, agreements, and services provided by Bulqsoft.
  2. Deviations are only valid if agreed in writing.
  3. Client’s own terms are explicitly rejected unless accepted in writing.

3. Services

  1. Bulqsoft provides custom software, SaaS solutions, integrations, and consulting services.
  2. All services are performed on a best-effort basis, unless explicitly agreed otherwise.
  3. Bulqsoft does not guarantee specific outcomes unless stated in writing.

4. Offers and Agreements

  1. All offers are non-binding unless stated otherwise.
  2. An agreement is formed upon written confirmation or when Bulqsoft starts execution.
  3. Bulqsoft reserves the right to refuse assignments without justification.

5. Pricing and Payment

  1. Prices are exclusive of VAT unless stated otherwise.
  2. Payment terms are 14 days unless agreed differently.
  3. Late payments may result in:
    • Suspension of services
    • Interest charges
    • Collection costs
  4. Bulqsoft may require advance payments or phased billing.

6. Execution of Services

  1. Bulqsoft executes services based on provided information from the Client.
  2. The Client is responsible for:
    • Accurate and complete input
    • Timely feedback and approvals
  3. Delays caused by the Client are not the responsibility of Bulqsoft.

7. Changes and Additional Work

  1. Any changes outside the agreed scope are considered additional work.
  2. Additional work will be invoiced separately.
  3. Bulqsoft is not obligated to execute changes without agreement.

8. Delivery and Deadlines

  1. Deadlines are indicative, not strict.
  2. Delays do not entitle the Client to compensation unless explicitly agreed.
  3. Partial deliveries are allowed.

9. Intellectual Property

  1. All intellectual property remains with Bulqsoft unless explicitly transferred.
  2. The Client receives a license to use the delivered solution.
  3. Bulqsoft may reuse general knowledge, components, and concepts.

10. Confidentiality

  1. Both parties agree to keep confidential information private.
  2. This obligation continues after termination.

11. Data and Security

  1. The Client is responsible for data accuracy and legality.
  2. Bulqsoft takes reasonable security measures but does not guarantee absolute security.
  3. Bulqsoft is not liable for:
    • Data loss
    • Hacks or breaches beyond reasonable control

12. SaaS Services

  1. SaaS services are provided “as is”.
  2. Availability may vary; downtime can occur.
  3. Bulqsoft may:
    • Update systems
    • Modify features
    • Perform maintenance

13. Liability

  1. Bulqsoft’s liability is limited to the amount paid for the relevant service.
  2. Bulqsoft is not liable for:
    • Indirect damages
    • Loss of profit
    • Business interruption
  3. Liability only applies in cases of proven gross negligence or intent.

14. Termination

  1. Either party may terminate agreements in writing.
  2. Services already performed will be invoiced.
  3. Bulqsoft may suspend or terminate services if:
    • Payment obligations are not met
    • The Client violates the agreement

15. Force Majeure

  1. Bulqsoft is not liable for delays or failure due to force majeure, including:
    • Technical failures
    • Network issues
    • Third-party outages
    • Government actions

16. Third Parties

  1. Bulqsoft may use third parties.
  2. Bulqsoft is not responsible for failures of third-party services unless agreed otherwise.

17. Governing Law

  1. Dutch law applies to all agreements.
  2. Disputes will be handled by the competent court in the Netherlands.

18. Final Provisions

  1. If any provision is invalid, the remaining provisions remain valid.
  2. Bulqsoft may update these Terms at any time.
  3. The latest version is always applicable.

19. Support & Maintenance

  • Support is only included if agreed separately.
  • Response times are not guaranteed unless SLA is defined.

20. Ownership vs License Clarification

  • Custom-built systems are licensed, not sold, unless explicitly transferred.
  • Full ownership transfer requires separate agreement and fee.