Terms and Conditions

Eitje: general partnership Eitje, located in Amsterdam, Chamber of Commerce number 75561050.

Customer: any legal entity or natural person who subscribes to one of the services offered by Eitje and thus concludes an agreement with Eitje.

Parties: Eitje and Customer together.

Software: all the programs and applications offered by Eitje that ensure that the system works properly.

Support: all forms of contact with Eitje's helpdesk, including but not limited to, live chat on the website, telephone contact, email contact or physical appointments with an employee on behalf of Eitje.

These conditions apply to all offers and activities of services and products by or on behalf of Eitje.

These conditions apply to all agreements and (legal) acts between Eitje and the Customer.

Deviations from these general terms and conditions are only valid if they have been expressly recorded in writing.

By using the Software or having a subscription with Eitje, the Customer automatically agrees to these general terms and conditions.

Eitje assumes a best efforts obligation with regard to providing the services offered to the Customer.

The Customer is solely responsible for having properly functioning hardware and Software, browser, connections and internet connections.

Customer is responsible for the data entered and compliance with the law and the collective labor agreement. Customer can never hold Eitje responsible for incorrect compliance with this.

Eitje supplies the Software to the Customer without any form of warranty, express or implied. The Software makes no warranties as to performance, accuracy, reliability and fitness for a particular purpose.

Eitje is entitled to terminate the agreement at any time, including but not limited to the situation in which the Customer does not meet its payment obligations, there is nuisance or other impediment by the Customer.

Eitje can never be held liable for direct or indirect damage, such as consequential damage, lost turnover, loss of data and/or production capacity and damage due to business stagnation.

Eitje is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.

Customer agrees to use the Software offered by Eitje at his own risk, in the event of damage resulting from the use of the Software, Eitje cannot be held liable, including but not limited to damage resulting from interruptions in service, malfunctions, bugs or delays.

Customer indemnifies and holds Eitje harmless against all claims, demands, liabilities, costs, expenses (including attorney's fees) arising from, or related to the use of the Software by Customer.

Eitje is not liable for shortcomings of third parties engaged by Eitje and is authorized to accept any limitation of liability of that third party on behalf of the Customer.

Eitje cannot be held responsible for possible consequences regarding recommendations or advice made through Support.

Customer takes out the subscription for the amount agreed in writing, this amount can be changed by Eitje at any time.

The prices set by Eitje are exclusive of VAT, other taxes, levies and other government costs, unless stated otherwise.

The payment term is 14 days after the invoice date, unless otherwise agreed in writing. Customer cannot rely on any discount, settlement or suspension. Objections to the amount of the invoices do not suspend the Customer's payment obligation.

Payment by the Customer is made by direct debit, if the Customer does not deem this possible, the additional invoicing costs will be borne by the Customer.

If an invoice is not paid on time by the Customer, Eitje is entitled to suspend its services without notice of default, also for orders from the Customer other than those to which the unpaid invoices relate. Eitje is never liable for any damage resulting from such a suspension.

In the event of liquidation, bankruptcy, statutory debt restructuring or suspension of payment of the Customer, Eitje has the right to unilaterally terminate the agreement. All obligations, including payment obligations, of the Customer are immediately due and payable.

After the payment term has expired, the Customer is legally in default and then owes Eitje statutory commercial interest on the amount due.

All costs incurred by Eitje to settle the claim in and out of court will be borne by the Customer. The collection costs are payable by the Customer and amount to 10% of the agreed amount.

Eitje has the right to adjust its prices at any time. In the event of a price change, this will be stated in advance on the website (www.eitje.app) and the Customer will be informed by e-mail.

Eitje is never liable if it is or has not been able to fulfill its obligations due to force majeure or unforeseen circumstances.

Force majeure in paragraph 1 includes events or circumstances that are beyond Eitje's reasonable control, including but not limited to: emergency, non-performance or force majeure of third parties, power, electricity, internet, computer or telecom disruptions , computer viruses, strikes, government measures, bad weather conditions, work stoppages, business disruption, hackers, other technical defects, etc.

If a force majeure situation occurs as a result of which Eitje cannot fulfill one or more obligations to the Customer, those obligations will be suspended until Eitje can fulfill its obligations.

Eitje is not obliged to pay compensation to the Customer in a force majeure situation, even if Eitje benefits from this.

Eitje is never liable for any delays, disruptions, interruptions, or non-fulfillment of obligations arising from force majeure situations, including, but not limited to, loss of data, turnover or resulting profits.

All intellectual property rights that Eitje develops or uses in the execution of the agreement, including but not limited to software, coding, updates, advice, documents, copyrights, patents and trademarks, belong to Eitje.

Customer can use a non-exclusive, non-transferable license of Eitje's Software for as long as the agreement applies. Customer may not transfer this license, or sublicense thereof, to anyone else.

The license does not imply a transfer of intellectual property rights to the Customer, but only extends its use by the Customer as long as the agreement is in force. After termination of the agreement, all intellectual property rights remain solely with Eitje.

When the agreement between the Parties comes to an end or the Customer applies for a suspension of payments or goes bankrupt, the license expires.

Eitje reserves the right to immediately revoke or suspend the license if the Customer does not comply with the user conditions or if there is suspected or actual misuse of the Software.

Eitje is responsible for respecting the confidentiality of the Customer's information and may not at any time disclose or use confidential information for purposes other than providing the services offered.

The Customer is responsible for maintaining the confidentiality of its own information, such as login details. Customer may not disclose or use confidential information of other users or third parties without permission.

The agreement concluded between the Parties and these general terms and conditions are exclusively governed by Dutch law.

All disputes arising from or related to the agreement or these general terms and conditions will be settled by the competent court of Eitje's location. Eitje reserves the right to submit the matter to the court of the Customer's location.

Eitje is free to change these general terms and conditions at any time. The most recent version available on the website (www.eitje.app) will apply to the agreements concluded and other legal acts between the parties. Eitje will inform the Customer of the changes to the general terms and conditions by e-mail.

The Customer is free to terminate the agreement if he or she does not agree with the amended general terms and conditions.

If any provision of these terms and conditions subsequently proves to be non-binding, that provision will be replaced by a provision that is as consistent as possible with it and the other provisions will remain fully applicable.