Terms & Conditions

Contractor: Catalina Trading VOF, established in Utrecht, Chamber of Commerce no. 98602926.

Client: the natural or legal person with whom Contractor enters into an agreement.

Agreement: any arrangement between Client and Contractor for the supply of services or products.

These terms apply to all offers, quotes and agreements of Contractor, unless expressly agreed otherwise in writing.

General terms of Client are expressly rejected.

Quotes are valid for 30 days, unless stated otherwise. An agreement is formed when Client accepts the quote in writing or by email, or when Contractor starts performance.

Minor deviations in the deliverable compared to mockups or examples don't give rise to a right of rescission or damages.

Stated prices are in euros and exclude 21% VAT, unless expressly stated otherwise.

Fixed price agreements apply to the scope described in the quote. Additional work is agreed upfront and charged at actual cost or at the standard hourly rate.

Payment is due within 30 days of the invoice date, unless otherwise agreed.

For projects above € 1,500 we apply a standard split of 50% on start and 50% on delivery.

On overdue payment Client is in default by operation of law and statutory (commercial) interest is owed, increased with extrajudicial collection costs under the Dutch WIK statute.

Stated delivery times are indicative, unless expressly designated as firm in writing. Delays caused by Client failing to provide content, feedback or materials on time are for Client's account.

Delivery is deemed to take place when Contractor submits the result for approval. Absent a response within 10 working days, the result is considered approved.

On full payment, Contractor transfers all use and exploitation rights necessary for the operation of the delivered result to Client, with the exception of: third party libraries (which remain under their original licence), Contractor's own tooling, design systems, code templates and knowhow that Contractor also uses in other projects.

Contractor may use the delivered work for portfolio and promotional purposes, unless Client objects in writing.

Contractor is only liable for direct damages resulting from an attributable shortcoming.

Contractor carries professional and general liability insurance. Cover applies regardless of where within the European Union the act or omission occurred. The insured amounts are: professional liability € 500,000 per claim and € 1,000,000 per insurance year; general liability € 2,500,000 per claim and € 5,000,000 per insurance year. A copy of the insurance certificate is provided on request.

Contractor's liability per event (where a series of related events counts as one event) is limited to the amount paid out under this insurance in the case at hand. If no payment is made for any reason, liability is limited to the amount invoiced to Client for the assignment concerned in the twelve months preceding the event causing the damage, excluding VAT.

Liability for indirect damages, consequential loss, lost profits, missed savings, data corruption or reputational damage is excluded.

Both parties are obliged to keep confidential all information they receive from each other or from another source in the context of the agreement. Information is confidential if so communicated by the other party or if its confidential nature follows from its content.

Ongoing projects may be terminated early by Client only in the cases and subject to the conditions set out in the applicable quote or assignment agreement. Work already performed and costs already incurred are then invoiced in full.

Maintenance and continuous service agreements may be terminated at the end of a calendar month, observing the notice period and any further termination conditions set out in the relevant agreement. If that agreement is silent on this, a notice period of one calendar month applies.

Dutch law exclusively applies to all agreements with Contractor. Disputes are submitted to the competent court in the Midden Nederland district, unless mandatory law provides otherwise.

Questions about these terms? Email administratie@catalinatrading.nl.