Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing and using the services provided by quietpoint B.V. ("quietpoint", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users of our website quietpoint.world and our software development services. If you do not agree to these Terms, please do not use our services.

Company Information

quietpoint B.V.
Kerkstraat 4
1077 RI Amsterdam
North Holland, Netherlands
Registration Number: 58294061
VAT Number: NL846295037B01
Email: legal@quietpoint.world
Phone: +31 705383409

Services Description

quietpoint provides software development services including but not limited to web application development, mobile application development, enterprise software solutions, technical consulting, and related services. The specific scope of services will be defined in individual service agreements or project contracts.

User Obligations

By using our services, you agree to:

  • Provide accurate and complete information when requested
  • Use our services only for lawful purposes and in accordance with these Terms
  • Not interfere with or disrupt our services or servers
  • Not attempt to gain unauthorised access to our systems or data
  • Respect the intellectual property rights of quietpoint and third parties
  • Comply with all applicable laws and regulations
  • Provide timely feedback and approvals as required for project completion
  • Make payments according to agreed terms and schedules

Intellectual Property

All intellectual property rights in our website, services, and any custom software developed by quietpoint remain our property unless explicitly transferred under a separate written agreement. This includes but is not limited to:

  • Source code, software applications, and technical documentation
  • Proprietary methodologies, processes, and know-how
  • Trademarks, logos, and brand elements
  • Website content, text, graphics, and design elements

Upon full payment for custom development services, clients receive a licence to use the delivered software for their intended business purposes. The scope of this licence will be specified in the relevant service agreement.

Payment Terms

Payment terms are specified in individual service agreements. General terms include:

  • Invoices are payable within 30 days unless otherwise agreed
  • Late payments may incur interest charges as permitted by law
  • All prices are exclusive of applicable taxes unless stated otherwise
  • Payment disputes must be raised within 30 days of invoice date
  • We reserve the right to suspend services for overdue payments

Project Delivery and Acceptance

Project timelines and deliverables are specified in individual service agreements. Delivery dates are estimates and may be subject to change based on project complexity, client feedback, and unforeseen circumstances. Client acceptance of deliverables is required within agreed timeframes, after which deliverables are deemed accepted.

Limitation of Liability

To the maximum extent permitted by law, quietpoint's total liability for any claims arising from or related to our services shall not exceed the total amount paid by the client for the specific services giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Warranty Disclaimer

Our services are provided "as is" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or meet your specific requirements.

Indemnification

You agree to indemnify, defend, and hold harmless quietpoint, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of our services, violation of these Terms, or infringement of any third-party rights.

Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of our business relationship. Each party agrees to maintain the confidentiality of such information and not to disclose it to third parties without written consent, except as required by law or necessary for service delivery.

Termination

Either party may terminate ongoing services with written notice as specified in the relevant service agreement. In the absence of specific terms, either party may terminate with 30 days' written notice. Upon termination, payment obligations for services rendered prior to termination remain in effect, and confidentiality obligations survive.

Force Majeure

Neither party shall be liable for any delay or failure to perform obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, war, terrorism, pandemic, or technical failures of third-party services.

Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR. For detailed information about how we handle personal data, please refer to our Privacy Policy.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or related to these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands.

Dispute Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If direct negotiations fail, disputes may be resolved through mediation or arbitration as mutually agreed by the parties.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

Modifications

We reserve the right to modify these Terms at any time by posting updated terms on our website. Material changes will be communicated to existing clients with reasonable notice. Continued use of our services after modifications constitutes acceptance of the updated Terms.

Entire Agreement

These Terms, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, understandings, or communications.

Contact Information

If you have any questions about these Terms, please contact us:

Legal Department
Email: legal@quietpoint.world
Phone: +31 705383409
Address: Kerkstraat 4, 1077 RI Amsterdam, Netherlands