Terms and Conditions Incubit B.V.

Last updated: April 10, 2025

Welcome to Incubit B.V. ("Incubit", "we", "us", or "our"), a company based in Utrecht, Netherlands, providing IT solutions to startups and small and medium-sized enterprises (SMEs) in the Netherlands. These Terms and Conditions ("Terms") govern the use of our services and the agreements we enter into with our customers ("you", "your", or "the Customer"). By using our services, you agree to these Terms. Please read them carefully.

1. Company Details

Incubit B.V.Address: Europaplein 779, Utrecht, NetherlandsEmail: [email protected]Chamber of Commerce (KvK) number: 94137676VAT number: NL866649682B01

2. Applicability

2.1 These Terms apply to all quotations, agreements, and deliveries of services by Incubit, unless otherwise agreed in writing.2.2 Deviations from these Terms are only valid if expressly agreed in writing between Incubit and the Customer.2.3 Any general terms and conditions of the Customer are explicitly rejected unless Incubit has accepted them in writing.2.4 Incubit reserves the right to amend these Terms. Amended Terms take effect after notification to the Customer and apply to new agreements or renewals.

3. Our Services

Incubit offers a wide range of IT solutions tailored to startups and SMEs in the Netherlands. Our services include, but are not limited to:

3.1 MVP Development

• Development of Minimum Viable Products (MVPs) to quickly transform your idea into a functional product, ideal for startups looking to innovate and test.
• Services include concept design, prototyping, and implementation, customized to your specific needs.

3.2 Hosting

• Fast and reliable hosting solutions, such as website hosting and email hosting, designed to meet the needs of startups and SMEs.
• Scalable cloud-based hosting with uptime guarantees and regular backups.

3.3 AI Solutions

• Smart, tailored AI solutions to optimize business processes, such as data analysis, automation, and customer interaction enhancements.
• Development and integration of AI tools that drive innovation, regardless of your company’s size.

3.4 Website Development

• Design and development of professional websites that strengthen your brand, attract customers, and boost conversions.
• Includes responsive designs, SEO optimization, and maintenance services.

3.5 IT Infrastructure

• Scalable and secure IT infrastructure, such as cloud solutions and server management, that grows with your business needs.
• Configuration and maintenance of networks and systems to ensure reliability.

3.6 Security Solutions

• High-quality cybersecurity services, including data protection, firewalls, and monitoring, to safeguard your business and customers from digital threats.

3.7 Consultancy and Support

• Advice on IT strategies and digital transformation.
• Ongoing technical support to ensure the continuity of your business operations.

4. Quotations and Agreements

4.1 All quotations from Incubit are non-binding and valid for a period of 30 days, unless otherwise stated.4.2 An agreement is formed once the Customer accepts a quotation in writing or receives an order confirmation from Incubit.4.3 Incubit reserves the right to refuse assignments without providing a reason.4.4 Changes to the agreement are only valid if agreed in writing between both parties.

5. Delivery of Services

5.1 Incubit will deliver the services with due care and professionalism, in accordance with the agreed specifications.5.2 Delivery timelines are indicative and non-binding unless otherwise agreed. Delays in delivery do not entitle the Customer to cancellation or compensation, except in cases of willful misconduct or gross negligence by Incubit.5.3 The Customer is obliged to provide all necessary information, materials, and access required by Incubit to deliver the services in a timely manner.5.4 Incubit may engage third parties to perform certain services, without altering Incubit’s responsibilities toward the Customer.

6. Pricing and Payment

6.1 All prices are in euros and exclude VAT, unless otherwise stated.6.2 Prices are based on the rates specified in the quotation or agreement. Incubit reserves the right to adjust prices if the scope of the assignment changes.6.3 Payment must be made within 14 days of the invoice date, unless otherwise agreed.6.4 In case of late payment, the Customer is automatically in default and liable for a late payment interest of 1% per month, in addition to any collection costs.6.5 Incubit may suspend service delivery or terminate the agreement if the Customer fails to meet payment obligations.

7. Intellectual Property

7.1 All intellectual property rights to software, designs, documentation, and other materials developed by Incubit remain with Incubit, unless otherwise agreed in writing.7.2 The Customer receives a non-exclusive, non-transferable license to use the delivered products or services solely for the agreed purposes.7.3 The Customer may not modify the delivered products without prior written consent from Incubit.7.4 The Customer warrants that materials provided by them do not infringe on third-party rights and indemnifies Incubit against claims arising from such infringements.

8. Confidentiality

8.1 Both parties commit to maintaining the confidentiality of all confidential information received under the agreement.8.2 Confidential information includes, but is not limited to, business plans, customer data, and technical specifications.8.3 This obligation remains in effect after the termination of the agreement.

9. Liability

9.1 Incubit is only liable for direct damages resulting from willful misconduct or gross negligence by Incubit, up to a maximum of the invoice amount of the relevant agreement.9.2 Incubit is not liable for indirect damages, such as lost profits, missed opportunities, or damages due to business interruption.9.3 The Customer is responsible for making regular backups of their data, unless otherwise agreed. Incubit is not liable for data loss, except in cases of willful misconduct or gross negligence.9.4 Claims against Incubit must be reported in writing within 30 days of discovering the damage, failing which the right to compensation expires.

10. Force Majeure

10.1 Incubit is not liable for failure to fulfill obligations due to force majeure, including but not limited to network failures, cyberattacks, pandemics, or government measures.10.2 In case of force majeure, Incubit’s obligations are suspended. If force majeure lasts longer than 60 days, either party may terminate the agreement in writing without entitlement to compensation.

11. Duration and Termination

11.1 Agreements are entered into for the duration specified in the quotation or agreement. If no duration is specified, a term of one year applies with automatic renewal, unless either party provides written notice of termination at least two months before the end.11.2 Incubit may terminate the agreement with immediate effect if the Customer fails to meet essential obligations, such as payment or cooperation.11.3 Upon termination, Incubit will make reasonable efforts to complete ongoing services and transfer relevant data, provided all outstanding invoices are settled.

12. Applicable Law and Disputes

12.1 These Terms and all agreements with Incubit are governed by Dutch law.12.2 Disputes will initially be submitted to the competent court in Utrecht, unless otherwise agreed.12.3 The parties will attempt to resolve disputes amicably before initiating legal proceedings.

13. Specific Provisions per Service

13.1 Hosting Services

• Incubit guarantees an uptime of 99.9%, except during maintenance periods and force majeure.
• The Customer is responsible for complying with acceptable use policies (e.g., no illegal content or excessive server load).

13.2 AI and Software Development

• Developed software is delivered “as is,” with a warranty for correcting significant defects within 30 days of delivery, provided they are reported promptly.
• The Customer is responsible for specifying functional requirements; additional costs for changes after approval will be charged separately.

13.3 Security Services

• Incubit implements security measures in line with industry standards but cannot guarantee absolute security.
• The Customer remains responsible for their own security practices, such as strong passwords and access management.

14. Contact

For questions about these Terms or our services, please contact us at:Email: [email protected]