Terms of service

1. Scope

These general terms (“Terms”) govern (i) your use of this website and any related marketing or technical pages operated under the DZ Cloudworks brand, and (ii) all offers, quotations, statements of work, and agreements between you (“Client”) and DZ Cloudworks, which I operate as DZ Cloudworks (“Contractor”, “I”). They apply to: (a) bespoke software development, product engineering, integrations, and technical implementation; (b) IT consultancy, architecture, and advisory engagements; and (c) subscription or hosted software products and related services (“SaaS”) offered by Contractor, unless the parties expressly deviate in writing.

Client’s general or purchasing conditions do not apply except where Contractor has explicitly accepted them in writing.

2. Definitions

• Deliverables: software, documentation, configurations, or other materials agreed to be supplied under an engagement.
• Engagement: any contract for custom work, consultancy, or SaaS between Client and Contractor.
• Background IP: Contractor’s pre-existing tools, libraries, frameworks, templates, and know-how used in performance.
• SaaS: software made available on a subscription or recurring-fee basis, including updates and support as agreed.

3. Identity & contact

DZ Cloudworks, operating as DZ Cloudworks — Salesianenstraat 37, 6374TX Landgraaf, NL.
KvK: 42035131 · VAT ID (btw-id): NL005445919B29
Email: [email protected]

4. Website & acceptable use

The website is provided for information about Contractor’s services and products. Content may change without notice. Client must not misuse the site (including security testing without written permission, large-scale automated scraping, or attempts to harm availability or integrity). Unauthorised use of names, logos, or content is prohibited.

5. Offers, formation & precedence

Quotations are non-binding unless stated otherwise. An agreement is formed when Client and Contractor have expressly agreed in writing (including email) on scope, fees or rates, and commencement — for example via a signed order, statement of work, order confirmation, or online checkout where offered.

If an engagement-specific document (statement of work, order form, licence schedule, or data processing agreement) conflicts with these Terms, that document prevails for that engagement only.

6. Custom development & IT consultancy

Contractor performs work professionally and in accordance with the agreed specification, industry-accepted practices, and applicable law. Client provides timely access, materials, decisions, and designated contacts as reasonably required. Delay or incompleteness on Client’s side may extend timelines and, where agreed, result in additional fees.

Changes to scope (“change requests”) require mutual written agreement on impact to schedule, fees, and dependencies. Unless agreed otherwise, acceptance of Deliverables follows the criteria and process set out in the engagement document; deemed acceptance may apply where Client uses Deliverables in production without timely written objection after notice.

Consultancy and advisory outputs are recommendations based on information available at the time; Client remains responsible for business decisions and implementation unless explicitly contracted otherwise.

7. SaaS & hosted products

Where Contractor supplies SaaS, use is subject to the product description, fair-use policy, and any product-specific terms referenced at purchase or signup. Client is responsible for the accuracy of registration data, credential security, and lawful use of the service.

Contractor may deploy updates, security patches, and maintenance. Scheduled maintenance windows will, where reasonably practicable, be communicated in advance. Except where expressly guaranteed in writing, no specific uptime percentage is warranted; any SLA forms part of the separate engagement or order.

Client is responsible for exporting or backing up its data in accordance with product documentation. After termination or expiry of a SaaS subscription, access may be disabled; retention and deletion follow the engagement terms or privacy policy.

Contractor may suspend or limit access in case of non-payment, security risk, or material breach, to the extent permitted by law and subject to prior notice where reasonable.

8. Fees, expenses, invoicing & payment

Fees are as agreed in the quotation, order, or SaaS plan. Unless stated otherwise, amounts are in euros (EUR), exclusive of VAT where Contractor is VAT-registered, with VAT shown on the invoice as required by law. Reasonable travel or third-party costs may be invoiced if agreed in advance or customary for the engagement.

Payment terms appear on the invoice. On default, statutory or contractually agreed interest and extrajudicial collection costs may be charged where permitted. Contractor may suspend work or SaaS access until payment is received, without prejudice to other remedies.

9. Intellectual property & licences

Background IP remains Contractor’s property. Client receives the licence or assignment to Deliverables only as expressly agreed in writing (e.g. statement of work or licence exhibit). Open-source and third-party components are licensed under their respective terms.

Until full payment for the relevant Deliverables, Contractor may retain title or withhold delivery mechanisms as permitted by law. Client grants Contractor a limited licence to use Client materials solely to perform the engagement.

10. Personal data & processor engagements

Processing of personal data in connection with the website is described in the privacy policy. Where Contractor processes personal data on Client’s instructions as a processor (within the meaning of the GDPR), the parties conclude a data processing agreement (Art. 28 GDPR) separately or incorporate the agreed processor clauses by reference.

11. Warranties & third-party services

Contractor warrants performance with reasonable skill and care consistent with the agreed specification. No other express or implied warranties apply to the maximum extent permitted by law, except mandatory consumer rights where Client is a consumer (which is not the default for B2B engagements).

Third-party platforms, APIs, cloud providers, and open-source components are provided “as is” and subject to their terms; Contractor is not liable for their failures except where caused by Contractor’s gross negligence in selection or integration contrary to agreed standards.

12. Liability

To the extent permitted by applicable law, Contractor’s total aggregate liability arising from or in connection with an Engagement is limited to the fees Client paid to Contractor for that Engagement in the twelve (12) months preceding the event giving rise to the claim. Contractor is not liable for indirect or consequential loss, loss of profit, loss of data, or business interruption, except where such exclusion is void under mandatory law.

The cap does not apply to liability based on intent (“opzet”), wilful recklessness (“bewuste roekeloosheid”), death, or personal injury, or to the extent limitation is prohibited by mandatory law.

The website is provided “as is”; Contractor does not warrant uninterrupted availability of marketing pages.

13. Confidentiality

Each party will treat the other’s non-public business and technical information as confidential and use it only for the Engagement, unless disclosure is required by law or authorised in writing. Contractor may name Client as a reference only with Client’s prior consent unless already public.

14. Subcontractors

Contractor may engage qualified subcontractors or subprocessors, including hosting and tooling providers, while remaining responsible to Client for performance of the Engagement, except for subprocessors under a separate processor regime governed by the applicable data processing agreement.

15. Force majeure

Neither party is liable for delay or non-performance caused by events beyond reasonable control (including infrastructure outages of major providers, strikes, war, pandemic measures, or governmental action), provided the affected party notifies the other without undue delay and mitigates impact where reasonably possible.

16. Term, suspension & termination

Duration and notice periods follow the engagement document or SaaS plan. Either party may terminate for material breach if the breach is not remedied within a reasonable cure period after written notice, unless immediate termination is justified by law or the nature of the breach. Provisions that by nature survive termination (fees, IP, confidentiality, liability limits where permitted) remain in effect.

17. Amendments

Contractor may update these Terms by publishing a new version with an updated date. Material changes to active Engagements will be communicated where appropriate. Continued use of SaaS after notice may constitute acceptance of proportionate changes where legally permitted.

18. Language

These Terms are published in English and Dutch. For Clients established in the Netherlands, the Dutch version at /nl/algemene-voorwaarden prevails in the event of a discrepancy, unless the parties expressly agree otherwise in writing.

19. Governing law & jurisdiction

These Terms and all Engagements are governed by the laws of the Netherlands. Unless mandatory rules provide otherwise, the courts of the Netherlands have exclusive jurisdiction.