Terms and Conditions

1. Definitions

• GitCity: GitCity, established in the Netherlands, registered with the Netherlands Chamber of Commerce (Kamer van Koophandel).
• Client: the natural or legal person who enters into an agreement with GitCity.
• Agreement: any agreement between GitCity and the Client.
• Services: all work that GitCity performs for the Client, including but not limited to designing, developing and maintaining web applications.
• Website: gitcity.nl and all associated subdomains.

2. Applicability

These general terms and conditions apply to all offers, quotations and agreements of GitCity. Deviations are valid only if agreed in writing. The applicability of any purchasing or other terms and conditions of the Client is expressly rejected.

3. Formation and content of the agreement

An agreement is formed when GitCity confirms an assignment in writing or starts carrying it out. GitCity will perform the Services to the best of its knowledge and ability, in accordance with the standards of good workmanship.

GitCity is at all times entitled to engage third parties in performing the Services. GitCity is responsible for the quality of work delivered by third parties as if it were its own work.

4. Obligations of the Client

The Client must provide, in good time, all information, materials and cooperation that GitCity needs to perform the Services. Delays caused by failure to provide the required information in time are at the Client’s expense and risk.

5. Intellectual property

All works created by GitCity, including source code, designs, documentation and other materials, are and remain the property of GitCity unless agreed otherwise in writing. After full payment, GitCity grants the Client a non-exclusive, non-transferable right to use the agreed result.

The Client indemnifies GitCity against third-party claims relating to intellectual property rights in materials supplied by the Client.

6. Confidentiality

Both parties undertake to keep confidential all confidential information they receive from each other in connection with the agreement. Information is confidential if this has been expressly stated or reasonably follows from the nature of the information.

7. Payment terms

GitCity’s invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing. If the payment term is exceeded, the Client is in default by operation of law and owes the statutory commercial interest.

GitCity reserves the right to suspend the performance of the Services if payment is more than 30 days overdue.

8. Liability

GitCity’s liability is limited to direct damage and is in all cases capped at the amount agreed in the relevant agreement for the specific assignment or, for a continuing agreement, the amount invoiced in the three months preceding the event that caused the damage.

GitCity is never liable for indirect damage, including consequential damage, lost profits, missed savings or damage to third parties.

The limitations of liability in this article do not apply if the damage results from intent or deliberate recklessness on the part of GitCity.

9. Force majeure

GitCity is not obliged to fulfil any obligation if it is prevented from doing so by a circumstance that is not its fault. Force majeure includes in any event: disruptions to internet or telecommunications infrastructure, government measures, strikes and pandemics.

10. Notice and termination

Either party may terminate the agreement in writing with a notice period of 30 days, unless agreed otherwise. GitCity may dissolve the agreement with immediate effect if the Client is declared bankrupt or applies for a suspension of payments.

11. Applicable law and disputes

All agreements between GitCity and the Client are governed by Dutch law. Disputes are settled in the first instance by the competent court in the district where GitCity is established, unless the parties agree in writing to use alternative dispute resolution.

12. Final provisions

If any provision of these general terms and conditions proves to be null and void or voidable, this does not affect the validity of the other provisions. The void or voidable provision will be replaced by a provision that comes as close as possible to the purpose of the original provision.

GitCity reserves the right to amend these general terms and conditions. Amendments are communicated to the Client in writing or electronically and take effect 30 days after they are announced.

Contact

For questions about these general terms and conditions, contact us at: info@gitcity.nl