Terms and Conditions

These terms and conditions apply to all services provided by IT bugsolutions to its customers (business clients) in Belgium, the Netherlands, and beyond. By entering into an agreement or using our services, you agree to these terms. Deviations are only binding if expressly agreed in writing.

1. Services and offers

• Subject of the agreement: IT bugsolutions provides digital IT services including but not limited to software bugfixing, IT support, system monitoring, and consultancy. Details are laid down in quotes or order confirmations.
• Quotes and formation of agreement: Quotes are non-binding unless stated otherwise. An agreement is concluded after written approval by both parties or factual commencement of the service.
• Duration and termination: Subscriptions run at least for the agreed period and are tacitly renewed thereafter. Termination requires written notice within a reasonable term. Project contracts end after delivery.
• Changes and additional work: Additional work is only performed after written approval of planning and costs.

2. Performance of services

• Best effort obligation: IT bugsolutions performs services to best ability, but cannot guarantee absolute results.
• Client cooperation: The client timely provides all necessary information and access. Extra costs due to insufficient cooperation are borne by the client.
• Use of third parties: IT bugsolutions may engage third parties and remains responsible for their work. Additional costs are agreed in advance.
• Deadlines: Agreed deadlines are targets unless explicitly agreed otherwise.
• Versions and updates: Maintenance and updates outside the scope are not included unless otherwise agreed.

3. Fees and payment terms

• Rates: Prices are in euros, excluding VAT. Additional costs are listed separately.
• Invoicing: Invoicing is done according to agreed terms. Electronic invoicing is standard.
• Payment term: Invoices must be paid within 14 days unless otherwise agreed.
• Consequences of late payment: Late payments incur 8% annual interest and collection costs are charged to the client.
• Suspension for non-payment: IT bugsolutions may suspend services until payment is received.
• Price adjustments: For contracts longer than 1 year, IT bugsolutions may adjust rates annually. Customers may terminate if increases exceed 5%.

4. Liability

• Exclusion of warranty: No absolute guarantee to resolve all IT problems.
• Full indemnity: IT bugsolutions is not liable for direct or indirect damages from services, advice, or information.
• Indirect damage excluded: No compensation for indirect damages such as lost profits, data loss, or business interruption.
• Exclusions: No liability for incorrect client info, misuse of services, client outages, unauthorized use, or force majeure.
• Data loss and security: Client is responsible for own backups and security.
• No personal liability: No personal liability of employees or third parties involved.
• Indemnity by client: The client indemnifies IT bugsolutions against third-party claims arising from use of the services.
• Carve-out for intent/gross negligence: Limitations do not apply to IT bugsolutions' intentional or grossly negligent acts.
• Claims expiry: Claims expire after 1 year unless mandatory law states otherwise.

5. Force majeure

• Definition of force majeure: Includes infrastructure failures, cyberattacks, natural disasters, pandemics, government measures, and supplier failures.
• Consequences of force majeure: Obligations are suspended while force majeure lasts. Upon prolonged force majeure, both parties may terminate the agreement without compensation.
• No liability: During force majeure, IT bugsolutions is not liable for damages. The client is entitled to a refund for undelivered services.

6. Intellectual property

• Ownership of results: All rights to developed materials remain with IT bugsolutions unless otherwise agreed in writing. Use is allowed after full payment.
• Client use: The client may only use materials internally, not publish or provide to third parties without permission.
• Client materials: Intellectual property rights to materials provided by the client remain with the client.
• Open source and third-party components: License terms apply to open-source or third-party components.
• Feedback: IT bugsolutions may freely use feedback received to improve its services.

7. Confidentiality and data protection

• Confidentiality: Both parties keep confidential information secret unless disclosure is legally required or necessary to perform the agreement.
• Exceptions: Information is not confidential if it was already public or independently developed.
• Data protection

8. Applicable law and disputes

• Choice of law: Bulgarian law applies to all agreements unless mandatory law provides otherwise. The Vienna Convention is excluded.
• Choice of forum: Disputes are submitted to the competent court in Bulgaria, unless IT bugsolutions chooses the court in the client's country. Parties first try to find an amicable solution.
• Other provisions: If any provision is void, the remainder remains in effect. No waiver of rights due to non-enforcement.