Terms & Conditions

In these terms and conditions, the following definitions apply:

• Service Provider: eMotivz B.V., registered in Lelystad, Chamber of Commerce number 92466990.
• Client: the natural person or legal entity that enters into or wishes to enter into an agreement with eMotivz.
• Agreement: any agreement for the performance of work, delivery of services or products between eMotivz and the Client.
• Services: all work, advice, management and other performances to be delivered by eMotivz.
• In writing: communication by letter, e-mail or via a messaging portal agreed between the parties.

2.1 These terms and conditions apply to all offers, quotations, agreements and deliveries of eMotivz, unless agreed otherwise in writing.

2.2 The applicability of the Client's general terms and conditions is expressly rejected.

2.3 Deviations from and additions to these terms are only valid if agreed in writing.

2.4 If any provision of these terms is void or voidable, the remaining provisions remain in full force.

3.1 All offers and quotations from eMotivz are non-binding, unless expressly stated otherwise.

3.2 Quotations are valid for 30 days after the date of issue, unless stated otherwise.

3.3 eMotivz cannot be held to a quotation if the Client could reasonably have understood that the quotation contained an obvious error or typographical mistake.

3.4 Prices in quotations are exclusive of VAT and other government levies, unless stated otherwise.

4.1 An agreement is formed when the Client has accepted the quotation in writing or eMotivz has confirmed a written order.

4.2 If the Client's acceptance deviates from the quotation in any respect, the agreement is only formed after eMotivz has accepted the deviations in writing.

4.3 Verbal agreements are only binding on eMotivz after they have been confirmed in writing.

5.1 All prices are exclusive of VAT, unless expressly stated otherwise.

5.2 eMotivz reserves the right to adjust rates annually based on the CBS consumer price index.

5.3 Rate changes are announced in writing at least 30 days before taking effect.

5.4 If the Client does not accept a rate change, the Client has the right to terminate the agreement as of the date the change takes effect, provided notice is given before that date.

6.1 Invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing.

6.2 If the payment term is exceeded, the Client is in default by operation of law and statutory commercial interest is owed on the outstanding amount.

6.3 eMotivz is entitled to suspend services in the event of a payment arrears until full payment has been made, without eMotivz being liable for any resulting damages.

6.4 Objections to the amount of an invoice do not suspend the payment obligation.

6.5 Extrajudicial collection costs are borne by the Client and amount to a minimum of 15% of the outstanding amount, with a minimum of € 75.00.

7.1 eMotivz will perform the agreed services to the best of its knowledge and ability.

7.2 Stated delivery times and planning terms are indicative and can never be regarded as strict deadlines, unless expressly agreed otherwise in writing.

7.3 The Client is responsible for the timely provision of all information and cooperation that eMotivz needs for the performance of the agreement.

7.4 eMotivz has the right to have certain work performed by third parties.

8.1 eMotivz is only liable for direct damage resulting from an attributable shortcoming in the performance of the agreement.

8.2 eMotivz's total liability is limited to the amount paid out in the relevant case by eMotivz's liability insurance, or — in the absence of a payout — to a maximum of the invoice amount exclusive of VAT over the last three months of the agreement.

8.3 eMotivz is never liable for consequential damage, indirect damage, loss of profit, missed savings or damage due to business interruption.

8.4 The Client indemnifies eMotivz against claims by third parties arising from the use of data, materials or equipment provided by the Client.

8.5 The limitations in this article do not apply to the extent that the damage is the result of intent or conscious recklessness on the part of eMotivz.

9.1 All intellectual property rights to software, documentation, reports and other materials developed by eMotivz vest in eMotivz, unless agreed otherwise in writing.

9.2 The Client receives only a non-exclusive, non-transferable right of use for the agreed purposes and duration.

9.3 The Client is not permitted to reproduce, publish or make available to third parties the delivered materials without prior written consent of eMotivz.

10.1 Both parties undertake to maintain confidentiality with regard to all confidential information received in the context of the agreement.

10.2 Information is considered confidential if communicated as such by the disclosing party or if this follows from the nature of the information.

10.3 The confidentiality obligation does not apply to information that was already public or was independently developed by the receiving party.

11.1 To the extent that eMotivz processes personal data in the context of performing the agreement, this is done in accordance with the General Data Protection Regulation (GDPR).

11.2 eMotivz acts as data controller or as data processor, depending on the nature of the processing.

11.3 For more information, please refer to our privacy policy.

12.1 Open-ended agreements may be terminated in writing by either party with a notice period of two (2) calendar months.

12.2 Fixed-term agreements are automatically renewed for the same period after expiry, unless timely notice — at least one month before expiry — is given in writing.

12.3 eMotivz is entitled to dissolve the agreement with immediate effect if the Client fails to meet its obligations, applies for suspension of payments, or is declared bankrupt.

13.1 eMotivz is not obliged to fulfil any obligation if this is the result of force majeure.

13.2 Force majeure includes: internet provider outages, power failures, government measures, pandemics, strikes and other circumstances beyond eMotivz's reasonable control.

13.3 If the force majeure situation lasts longer than 60 days, either party is entitled to dissolve the agreement without being obliged to pay any compensation.

14.1 Dutch law exclusively applies to all agreements between eMotivz and the Client.

14.2 Disputes will preferably be resolved by mutual consultation. If this is not successful, disputes will be submitted to the competent court in the district of Midden-Nederland.

15.1 eMotivz is entitled to amend these terms and conditions. Amendments are announced in writing or via the website at least 30 days before taking effect.

15.2 The most current version of the terms and conditions is always available at www.emotivz.nl/terms.

15.3 eMotivz B.V. is registered with the Chamber of Commerce under number 92466990, located at De Schans 19-45, 8245 DE Lelystad, the Netherlands.