Terms of Service

Article 1 – Definitions

In these terms, the following is understood:

1. Contractor: Lupora-Solutions, registered as a sole proprietorship.
2. Client: any natural person or legal entity entering into an agreement with Lupora-Solutions.
3. Services: all services offered by Lupora-Solutions, including but not limited to software development, website development, consultancy, mobile applications, IoT solutions (such as Arduino and Raspberry Pi), and other programming solutions.
4. Agreement: any arrangement between Client and Contractor regarding the delivery of services.

Article 2 – Applicability

1. These general terms and conditions apply to all offers, agreements, and deliveries by Lupora-Solutions.
2. Deviations from these terms are only valid if agreed upon in writing by both parties.

Article 3 – Cooperation and Information Obligation

1. The client is obliged to provide all information, materials, and cooperation necessary for the execution of the agreement in a timely, complete, and correct manner.
2. If the client fails to fulfill this obligation or does not do so in a timely manner, Lupora-Solutions has the right to suspend the execution of the agreement and charge any additional costs.
3. Any delays or damages resulting from the failure to provide data in a timely or incorrect manner are entirely at the client's expense.

Article 4 – Quotes, Costs, and Time Estimates

1. All quotes are non-binding unless expressly stated otherwise.
2. All cost and time estimates made by Lupora-Solutions are indicative and never binding.
3. Exceeding an estimate does not entitle the client to compensation or termination of the agreement.

Article 5 – Execution of Services

1. Lupora-Solutions will execute the agreement to the best of its knowledge and ability.
2. If and insofar as proper execution requires it, Lupora-Solutions has the right to have certain work performed by third parties.

Article 6 – Payment and Rates

1. Invoices must be paid within 14 days of the invoice date.
2. If the client does not pay on time, they are automatically in default and owe an interest of 1% per month.
3. Lupora-Solutions is entitled to adjust its rates annually on January 1 based on the consumer price index (CPI) or increased costs.

Article 7 – Liability

1. The liability of Lupora-Solutions is at all times limited to the amount charged for the relevant assignment.
2. Lupora-Solutions is never liable for indirect damage, including consequential damage, loss of revenue, loss of data, reputational damage, lost profits, missed savings, or damage due to business interruption.
3. Lupora-Solutions is not liable for damage caused by force majeure, including but not limited to: disruptions at suppliers or third parties, internet or electricity disruptions, hacks or security incidents, government measures, illness, or other circumstances beyond the control of Lupora-Solutions.
4. Lupora-Solutions is not liable for damage arising from the client providing incorrect or incomplete information.
5. The use of software, websites, or applications developed by Lupora-Solutions is at the client's own risk.
6. Any claim for compensation expires if the client does not submit a written and substantiated complaint within 14 days of discovering the damage.

Article 8 – Intellectual Property and Indemnification

1. All software, websites, applications, and other products developed by Lupora-Solutions remain the intellectual property of Lupora-Solutions, unless otherwise agreed in writing.
2. The client only acquires a right of use, unless ownership is explicitly transferred in writing.
3. If it appears that ideas, concepts, materials, or data provided by the client infringe on the intellectual property rights of third parties, the client is fully liable for this.
4. The client indemnifies Lupora-Solutions against all claims by third parties arising from this.

Article 9 – Force Majeure

1. Lupora-Solutions is not obliged to fulfill any obligation if prevented from doing so by a circumstance that is not attributable to its fault and is not at its expense under the law or a legal act.
2. Force majeure is understood to mean: any circumstance independent of the will of Lupora-Solutions, including disruptions at suppliers, internet or electricity disruptions, network and hardware problems, hacks, government measures, illness, or other situations where fulfillment of the agreement cannot reasonably be expected.

Article 10 – Data Protection

1. Lupora-Solutions processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR).
2. If the client provides or transmits personal data, the client is responsible for its lawfulness and indemnifies Lupora-Solutions against claims by third parties.

Article 11 – Maintenance and SLAs

1. Unless expressly agreed otherwise in writing, maintenance and service level agreements (SLAs) are not included in the services.
2. If the client wishes maintenance, separate agreements and rates will apply.

Article 12 – Applicable Law and Disputes

1. Dutch law exclusively applies to all agreements.
2. Disputes arising from or related to these terms will preferably be resolved through mutual consultation. If this is not successful, disputes will be submitted to the competent court in the district where Lupora-Solutions is located.