Terms and conditions

1. Definitions

1.1 In these general terms and conditions of sale, delivery and payment (“Terms”), the following terms have the following meanings:

(a) BugFyx B.V.: the company BugFyx B.V., run by Mr P. Willemsen and Mrs K. Willemsen, having its place of business at Siloweg 3, 5222 BN ’s-Hertogenbosch, registered with the Chamber of Commerce under number 85781517, as well as its legal successors under universal or particular title;

(b) Client: any natural or legal person who enters into an Agreement with BugFyx B.V.;

(c) Products: all work, in whatever form and however named, including services (among which Cloud Services and Internet Services, the contracting of work, lending, rental, etc.) that BugFyx B.V. – both online and offline – performs for or on behalf of the Client under an Agreement, and all goods delivered or to be delivered by BugFyx B.V. in performance of an Agreement in accordance with the Specifications of BugFyx B.V., including, among other things but not limited to, edited/editable design files, photos, videos, (working) drawings, illustrations, prototypes, scale models, moulds, designs, design sketches, films, house styles, web interfaces, websites, texts, (marketing) plans and campaigns, advertisements, SEO, SEA, logos, banners, other materials or (electronic) files, market analyses, et cetera, regardless of whether the Agreement covers only the delivery of those goods or (also) the performance of services in respect of them;

(d) Internet Services: services whereby BugFyx B.V. makes the use of the internet (in the form of website hosting, email and/or domain registration) available to the Client and performs the work and acts related to it;

(e) Cloud Services: services whereby BugFyx B.V. makes the use of hardware, software, storage space and/or data available to the Client via the internet;

(f) Agreement: every agreement concluded between BugFyx B.V. and the Client, every amendment of or addition to it, as well as all (legal) acts in preparation for and/or in performance of that agreement;

(g) Specification: the description or drawing of the Products to be delivered by BugFyx B.V., which is stated in or referred to in offers, quotations and Agreements. In the absence thereof, the description is what has been agreed between the parties or, in the absence thereof, what is generally customary in the industry;

(h) Defect: any deviation of the Products from the Specification, any other failure of the Products to function properly and any Product that has otherwise not been performed correctly;

(i) Force Majeure: any circumstance arising through no fault of BugFyx B.V. that prevents the normal performance of the Agreement, even if it was already foreseeable when the Agreement was concluded, such as illness of persons working at BugFyx B.V. or of third parties involved in the performance of the Agreement.

2. Applicability and voidability

2.1 The provisions of these Terms apply to all offers, quotations and Agreements made or concluded by BugFyx B.V.

2.2 Unless otherwise agreed in writing, only these Terms apply to all offers, quotations and Agreements made or concluded by BugFyx B.V. These Terms take precedence over any purchasing conditions of the Client. BugFyx B.V. expressly rejects the applicability of any general terms and conditions of the Client.

2.3 The nullity or voidability of a provision in these Terms, or a provision otherwise being unenforceable, does not affect the validity of the other provisions. The parties shall furthermore be deemed to have agreed on a provision which, within the limits of the law, comes closest to the purport of the null or voided provision.

3. Amendments and additions

3.1 Amendments of and additions to any provision in an Agreement and/or in these Terms can only be agreed in writing.

3.2 Deviations from and additions to these Terms relate exclusively to the Agreement concerned.

4. Offers, quotations and advice

4.1 All offers and quotations by BugFyx B.V. are without obligation, unless expressly agreed otherwise in writing. If an offer contains a period for acceptance, this only means that the offer has in any event lapsed after this period.

4.2 Any brochures, price lists and other information provided by BugFyx B.V. are for information purposes only and are not binding. The Specifications stated by BugFyx B.V. in the documents sent by BugFyx B.V. are decisive for the Products to be delivered.

4.3 If BugFyx B.V. gives advice, it does so to the best of its knowledge. Information and particulars about the suitability and use of a Product do not release the Client from carrying out its own checks and tests.

4.4 If BugFyx B.V. makes an offer or issues a quotation under which a Product will be delivered according to specifications of the Client, the Client must communicate these specifications to BugFyx B.V. in writing, in detail and in full, in accordance with the requirements of BugFyx B.V., before or upon conclusion of the Agreement.

4.5 BugFyx B.V. reserves the right to refuse orders and/or assignments without stating reasons.

5. Formation of the Agreement; term and termination

5.1 Agreements, as well as amendments of and additions to them, are only concluded if and insofar as BugFyx B.V. has confirmed them in writing or BugFyx B.V. has started performing them.

5.2 If BugFyx B.V., in deviation from article 4.1 of these Terms, has issued a binding quotation, the Agreement is concluded on the day the written acceptance is received.

5.3 Agreements between the Parties are entered into for an indefinite period, unless the nature of the Agreement implies otherwise or the parties agree otherwise in writing.

5.4 If an Agreement (among other things) concerns the delivery of Products that amount to the periodic performance of services during a certain period, the Agreement is deemed to have been entered into for the minimum term stated per service in the Agreement. If this minimum term expires without a Party having made known its wish to terminate at least one (1) month before the end date of the contract, the agreement is automatically renewed for the term stated per service. If the Client is a natural person not acting in the exercise of a profession or business and the Client has not made known its wish to terminate before the minimum term expires, the agreement is automatically converted into an agreement for an indefinite period, with a notice period of one month. If the Client is a natural person not acting in the exercise of a profession or business, the Client may terminate on any day after tacit renewal. The termination takes effect one month after receipt of the notice. A notice period of ‘one month’ means no later than the day with the same number in the following month. Unless otherwise agreed in writing, maintenance plans have a minimum term of one (1) month, which is tacitly renewed by one (1) month each time. The Client can therefore cancel a maintenance plan every month, with a notice period of one (1) month, as set out in article 13.1.

6. Joint and several liability

6.1 If the Agreement is entered into with two or more Clients, each of them is jointly and severally liable for its performance.

7. Prices

7.1 Unless otherwise agreed in writing, the prices quoted by BugFyx B.V. exclude VAT and any shipping, transport and postage costs, unless expressly agreed otherwise in writing. In addition to the agreed fee, the costs that BugFyx B.V. incurs in performing the Agreement are also eligible for reimbursement.

7.2 Price quotations are always made on the basis of the prices and circumstances applicable at the time of the offer. If, after the conclusion of the Agreement, one or more cost price factors (including – but not limited to – wages, taxes, premiums, purchase prices, raw material prices, foreign exchange rates, et cetera) increase, BugFyx B.V. is entitled to charge this increase to the Client.

7.3 For rush orders that BugFyx B.V. has confirmed to the Client as such, BugFyx B.V. may charge an additional surcharge.

7.4 If BugFyx B.V. is compelled to perform extra or different work (additional work) because complete, sound and clear information or materials were not supplied, or not supplied on time, because of an amended or incorrect Agreement, or otherwise, this work will be invoiced to the Client afterwards on the basis of the time spent, at the hourly rates applicable at that time, unless otherwise agreed in writing.

8. Engagement of third parties

8.1 If and insofar as the proper performance of the Agreement requires this, BugFyx B.V. has the right to have work or deliveries carried out by third parties, at the discretion of BugFyx B.V. The applicability of articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.

9. Performance and delivery

9.1 The stated delivery times are always deemed to be approximate and shall never be regarded as strict deadlines, unless expressly agreed otherwise in writing. In the event of a delay in delivery, BugFyx B.V. must be given notice of default in writing and must be granted a reasonable period to still fulfil its obligations. A period of four (4) weeks is considered reasonable. Exceeding the period does not oblige BugFyx B.V. to pay any compensation and does not entitle the Client to dissolve the Agreement and/or otherwise suspend its obligations under the Agreement.

9.2 The delivery period starts on the day of the written order confirmation, but not before BugFyx B.V. has received from the Client all information, documents and the like required for the performance of the Agreement or, if an advance payment or prepayment has been stipulated, not before the day on which BugFyx B.V. has received this payment.

9.3 Stated delivery times are based on the working conditions applicable when the Agreement was concluded and on the timely performance of the Agreement by third parties engaged by BugFyx B.V. If, through no fault of BugFyx B.V., a delay arises because those working conditions change and/or because third parties engaged for the performance of the Agreement do not perform on time, the period is extended to the extent necessary.

9.4 Without prejudice to what is stipulated elsewhere in these Terms about the extension of the period, the delivery period is extended by the duration of the delay arising on the part of BugFyx B.V. because the Client fails to comply with any obligation under the Agreement or with the cooperation that may be required of it for the performance of the Agreement.

9.5 BugFyx B.V. is entitled to perform the agreement in parts, unless expressly agreed otherwise in writing and/or the nature of the agreement precludes this. In the case of partial performance, BugFyx B.V. is entitled to invoice that partial performance. Partial performance also includes the delivery of part of the ordered Products, where applicable.

9.6 If the Agreement is performed in phases, BugFyx B.V. may suspend the performance of the parts that belong to a next phase until the Client has approved the results of the preceding phase in writing.

9.7 Delivery takes place in the manner determined by BugFyx B.V., unless otherwise agreed in writing.

10. Force majeure

10.1 If a situation of Force Majeure occurs, BugFyx B.V. is entitled to postpone delivery for as long as the Force Majeure lasts. If a temporary impossibility to perform lasts longer than six (6) months after the time at which delivery was intended, the parties have the right to dissolve the Agreement in writing. If performance by BugFyx B.V. is permanently impossible as a result of Force Majeure, the parties are also entitled to dissolve the Agreement.

10.2 In the event of dissolution under paragraph 1 of this article, BugFyx B.V. is entitled to claim payment for the part of the Agreement that was already performed before the circumstance causing the Force Majeure became apparent. In that case BugFyx B.V. is not obliged to compensate the Client for any damage.

11. Liability and indemnification

11.1 The liability of BugFyx B.V. towards the Client is limited to what is stipulated in article 11 of these Terms. Any further liability of BugFyx B.V. is excluded, except if the damage is the result of intent or gross negligence of BugFyx B.V. or of managerial subordinates of BugFyx B.V. who belong to its management. Any further-reaching liability is excluded.

11.2 Even if it cannot invoke the provisions of paragraph 1 of this article, BugFyx B.V. is only liable for damage that is the direct and exclusive result of a circumstance attributable to it. BugFyx B.V. is never liable for indirect damage, such as, for example but not limited to, loss of profit, consequential damage and/or business interruption losses. BugFyx B.V. is not liable for shortcomings of auxiliary persons engaged by it (including errors in quotations from suppliers or prices quoted by suppliers being exceeded), not even in the event of intent or gross negligence of these auxiliary persons.

11.3 If BugFyx B.V. cannot invoke the exclusions of liability in paragraphs 1 and 2 of this article, the liability of BugFyx B.V. shall in any event be limited to no more than the invoice amount of the relevant Product delivered by BugFyx B.V. for which BugFyx B.V. is liable. BugFyx B.V. is never liable for an amount higher than the amount for which BugFyx B.V. has taken out liability insurance.

11.4 The Client is responsible for (the quality of) the items it supplies to BugFyx B.V. and/or of third parties engaged by or on behalf of the Client or (by BugFyx B.V.) for its benefit. Without prejudice to the other provisions of these Terms, BugFyx B.V. is not liable for damage resulting from defects in the items supplied by the Client.

11.5 The Client indemnifies BugFyx B.V. against, and holds BugFyx B.V. harmless from, all claims of third parties for compensation of damage for which the liability of BugFyx B.V. towards the Client is excluded in these terms, including liability under article 6:171 of the Dutch Civil Code.

12. Payment, interest, costs and penalties

12.1 Unless otherwise agreed in writing, payments must be made in euros within fourteen (14) days of the invoice date. The Client has no right of suspension and/or set-off. Without prejudice to the other provisions of these Terms, BugFyx B.V. is always entitled to require the Client to make an advance payment of half of the total price relating to the Agreement.

12.2 If the Client believes that invoices are incorrect, it must notify BugFyx B.V. of this in writing within eight (8) days of the invoice date. If this period is exceeded, the Client is deemed to have accepted the invoices as correct. Unless the incorrectness of the invoices is acknowledged in writing within the payment term, the Client must pay the invoice amounts within the agreed payment term.

12.3 If a claim of BugFyx B.V. is not paid on time, the Client owes interest of one percent (1%) per calendar month on the outstanding amount, unless the statutory commercial interest under article 6:119a of the Dutch Civil Code is higher in the period concerned, in which case the latter interest is owed.

12.4 Costs incurred by BugFyx B.V. in the context of legal proceedings, including legal costs and other costs of legal assistance, also insofar as the court does not award these costs in the proceedings, are for the account of the Client, unless BugFyx B.V. is ordered to pay the costs as the losing party in a final and conclusive judgment. The extrajudicial costs are set at 10% (ten percent) of the invoice amount, with a minimum of € 200.00 (two hundred euros).

12.5 Where these Terms – or otherwise an offer, quotation and/or Agreement – contain a provision under which the Client owes a penalty to BugFyx B.V., this penalty expressly does not replace the supplementary and/or substitute damages that the Client owes BugFyx B.V. under the law (as referred to in article 6:92(2) of the Dutch Civil Code).

13. Termination, cancellation and complaints

13.1 The Client can cancel a maintenance plan or another periodic service as referred to in article 5.4 every month, with a notice period of one (1) month. Notice is given in writing, which includes email. The agreed monthly price remains due until the date on which the termination takes effect.

13.2 The Client can cancel any other Agreement, such as an App Check or the development of custom software, in writing, or terminate it before it has been completed. In that case the Client owes the work BugFyx B.V. has performed up to the moment of cancellation or termination, at the applicable hourly rate of BugFyx B.V. and up to the agreed price, plus the costs BugFyx B.V. has already incurred or committed to for the Agreement.

13.3 Complaints about any (part of a) Product delivered by BugFyx B.V., including but not limited to the applications or use of the Product, must, unless the Client is a Consumer, be submitted to BugFyx B.V. in writing no later than fourteen (14) days after receipt of the Product, failing which the Client is deemed to have approved the Product. Legal claims concerning defects must be brought before the competent court within six months of the timely complaint, on pain of forfeiture.

13.4 The client is obliged to check all Products delivered by BugFyx B.V. – which, for the avoidance of doubt, include but are not limited to layout, print or other proofs and drafts – carefully for errors and defects, and to report any defects found to BugFyx B.V. in writing as soon as reasonably possible, but in any event no later than 14 (fourteen) days after delivery, failing which the right to complain lapses. Minor deviations do not constitute grounds for complaint.

13.5 If BugFyx B.V. finds a complaint of the Client wholly or partly justified, BugFyx B.V. is, without prejudice to the other provisions of these Terms and at its discretion, entitled to perform the Agreement again in whole or in part, to replace delivered Products in whole or in part, to reduce the agreed price proportionately, or to determine fair compensation, whereby BugFyx B.V. is always entitled to first require the return, in their original state, of the delivered Products and of everything that has come into the possession of the Client for the performance of the Agreement.

14. Termination and suspension

14.1 In cases where the Client: (a) is declared bankrupt or applies for a suspension of payments; (b) discontinues or transfers its business or a significant part of it, including the contribution of its business to a company to be incorporated or an existing company, or changes the objectives of its business; (c) is in default in the performance of an Agreement concluded with BugFyx B.V.; or (d) if there are good grounds to fear that the client is not or will not be able to fulfil its contractual obligations towards BugFyx B.V.; all claims and invoices of BugFyx B.V. become immediately due and payable and BugFyx B.V. has the power to suspend the performance of its obligations (in whole or in part) until the Client has provided security for the performance of its obligations, or to dissolve the Agreement, in which case the Client is liable for all damage suffered and to be suffered by BugFyx B.V.

14.2 During the performance of the Agreement, BugFyx B.V. is entitled to suspend the performance of its obligations until the Client, on request and to the satisfaction of BugFyx B.V., has provided security for the performance of all its obligations under the Agreement. Refusal by the Client to provide the requested security gives BugFyx B.V. – without prejudice to the right to full compensation of damage, costs and interest – the right to dissolve the Agreement.

14.3 Upon termination, ending or dissolution of the Agreement and/or of a (periodic) service forming part of it as referred to in article 5.4, for whatever reason, BugFyx B.V. is entitled to immediately delete or make inaccessible all stored data and to close all accounts of the Client. In that case BugFyx B.V. is not obliged to provide the Client with a copy of this data.

15. Retention of title and right of pledge

15.1 All Products delivered by BugFyx B.V. remain the property of BugFyx B.V. until the Client has paid the purchase price as well as any other claim as referred to in article 3:92(2) of the Dutch Civil Code.

15.2 At the first request of BugFyx B.V., the Client is furthermore obliged to create a right of pledge for the benefit of BugFyx B.V., as referred to in article 3:239 of the Dutch Civil Code, on the claims against third parties arising from the sale of the Products delivered by BugFyx B.V.

15.3 All edited/editable design files, working drawings, illustrations, prototypes, scale models, moulds, designs, design sketches, films, other materials or (electronic) files (Products) produced by BugFyx B.V. remain the property of BugFyx B.V. at all times, unless otherwise agreed in writing with the Client.

15.4 If a situation as referred to in article 14.1 occurs, BugFyx B.V. has the right to take back the Products delivered under retention of title, including any dismantling required for this. The Client will give BugFyx B.V. every cooperation in this. After the goods have been taken back, the Client is credited with the market value of the goods taken back, which is never higher than the original price, less the costs of taking them back.

16. Intellectual property rights, use and licence

16.1 Unless otherwise agreed in writing with the Client, all intellectual property rights in the Products delivered by BugFyx B.V. in the performance of the Agreement are vested in BugFyx B.V. or its supplier(s). Insofar as such a right can only be obtained by filing or registration, only BugFyx B.V. is authorised to do so.

16.2 Unless otherwise agreed in writing with the Client, the Agreement does not include researching the existence of patent rights, trademark rights, design rights, copyrights and portrait rights of third parties, nor researching the possibility of such forms of protection for the Client.

16.3 The Client guarantees BugFyx B.V. the undisturbed use of the items, data, ideas, concepts and materials it has supplied or made available to BugFyx B.V. The Client indemnifies BugFyx B.V., both in and out of court, against all claims of third parties in this respect, including but not limited to claims in the field of competition law and industrial and intellectual property law.

16.4 Once the Client has fully complied with its obligations under the Agreement, it obtains an exclusive licence to use the Product insofar as this concerns the right of publication and reproduction in accordance with the purpose agreed in the Agreement. If no arrangements have been made about the purpose, the licence is limited to the use of the Product for which firm intentions existed when the Agreement was concluded. These intentions must demonstrably have been made known to BugFyx B.V. before the agreement was concluded. Without the written consent of BugFyx B.V., the client is not entitled to use Products more broadly than agreed, to publish or reproduce the delivered Products or any part of them, or to grant third parties rights to them by licence or otherwise.

16.5 In deviation from article 16.4, the Client may change, add to and improve the Products for the agreed purpose itself, or have a third party do so, including with the help of AI tools. BugFyx B.V. is not liable for Defects, damage or security problems resulting from changes that were not made by BugFyx B.V. BugFyx B.V. charges work to repair them at the applicable hourly rate or offsets it against the support hours of a maintenance plan.

16.6 The intellectual property rights in changes, additions, improvements and adaptations that the Client makes itself or has a third party make are vested in the Client. The intellectual property rights in software, code, data and other materials that the Client makes available to BugFyx B.V., such as an existing application that BugFyx B.V. maintains, remain with the Client or its licensors. BugFyx B.V. only obtains a right to use them insofar as this is necessary for the performance of the Agreement.

16.7 BugFyx B.V. is free to use Products realised for the Client for its own publicity or promotion, taking the interests of the Client into account.

16.8 From the moment the Client does not (fully) comply with its payment obligations under the Agreement or is otherwise in default, the client is no (longer) permitted to use the Product(s) made available, and every licence granted to the Client under the Agreement lapses, unless the Client’s shortcoming is of minor significance in the light of the Agreement as a whole.

17. Internet Services and Cloud Services – supplementary

17.1 If the services of BugFyx B.V. (also) concern the storage and/or transmission to third parties of material supplied by the Client, for example in the case of web hosting or email services, the arrangements in this article also apply.

17.2 The Client will not publish or offer any information via (the servers of) BugFyx B.V. that is contrary to Dutch law. This includes, among other things but not limited to, information offered without the permission of the copyright holder(s), information that is defamatory, threatening, insulting, racist, inciting hatred or discriminatory, information that contains child pornography and information that violates the privacy of third parties or amounts to a form of stalking, as well as hyperlinks, torrents or other references to such information on third-party websites. In such cases BugFyx B.V. is entitled to remove this material or make it inaccessible. In that case BugFyx B.V. is also entitled to provide personal data of the Client to a notifier or to the competent authorities. BugFyx B.V. will inform the Client of this.

17.3 In the case of possibly criminal information, BugFyx B.V. is entitled to report it to the police and to do everything it considers necessary in that connection, including providing the information that (investigative) authorities ask BugFyx B.V. to provide in the context of the investigation.

17.4 The Client refrains from hindering other Clients or internet users and from causing damage to the servers of BugFyx B.V. The Client is prohibited from starting processes or programs, whether or not via the server, of which the Client knows or can reasonably suspect that they hinder or cause damage to BugFyx B.V., other Clients or internet users.

17.5 The Client indemnifies BugFyx B.V. against all damage resulting from the above. BugFyx B.V. is not liable for any damage whatsoever that the Client suffers as a result of an intervention by BugFyx B.V. in the context of the complaints procedure, not even if the intervention turns out to be unjustified. The provisions of article 11 apply.

17.6 The Client will comply with netiquette: the generally accepted rules of conduct on the internet as laid down in RFC 1855 and its future amendments.

17.7 The Client is not permitted to transfer its account, or other rights arising from the Agreement, to third parties or to let third parties use them, unless BugFyx B.V. has expressly given written permission for this. The Client is prohibited from transferring the user name(s) and password(s) provided by BugFyx B.V. to third parties.

17.8 BugFyx B.V. may set a maximum on the amount of storage space or data traffic per month that the Client may use in the context of any Internet or Cloud Service. There is no liability for the consequences of not being able to send, receive, store or change data if an agreed limit for storage space or data traffic has been reached.

17.9 The Client hereby grants BugFyx B.V. an unlimited licence to distribute, store, transmit or copy all materials distributed by the Client via the systems of BugFyx B.V. in any way BugFyx B.V. considers appropriate, insofar as this is reasonably necessary for the performance of the Agreement by BugFyx B.V.

18. Availability of Internet Services and Cloud Services

18.1 BugFyx B.V. will make efforts to achieve uninterrupted availability of its systems and networks and to provide access to data stored by BugFyx B.V., but gives no guarantees about this unless otherwise agreed in the quotation or Agreement. The provisions of this article apply to this availability.

18.2 BugFyx B.V. does not make backups available to the Client, unless otherwise agreed. In that case it is the responsibility of the Client to make backups of the data stored with BugFyx B.V.

18.3 BugFyx B.V. will make efforts to keep the software it uses up to date. In this, however, BugFyx B.V. depends on its supplier(s). BugFyx B.V. is entitled not to install certain updates or patches if, in its opinion, they do not benefit the correct delivery of a Product or its maintenance.

18.4 BugFyx B.V. will make efforts to ensure that the Client can use the networks that are directly or indirectly connected to the network of BugFyx B.V. However, BugFyx B.V. cannot guarantee that these networks are available at any given time.

18.5 If, in the opinion of BugFyx B.V., a danger arises to the functioning of the computer systems or the network of BugFyx B.V. or third parties and/or to the provision of services via a network, in particular through excessive sending of email or other data, poorly secured systems or activities of viruses, Trojans and similar software, BugFyx B.V. is entitled to take all measures it reasonably considers necessary to avert or prevent this danger.

18.6 BugFyx B.V. has the right to temporarily take its systems out of use, in whole or in part, for maintenance, adaptation or improvement. BugFyx B.V. will try to have such downtime take place outside office hours as much as possible and will make efforts to inform the Client of planned downtime in good time. However, BugFyx B.V. is not liable for damage in connection with such downtime.

18.7 BugFyx B.V. has the right to adapt its systems, in whole or in part, from time to time to improve functionality and to correct errors. If an adaptation leads to a significant change in functionality, BugFyx B.V. will make efforts to inform the Client of this. In the case of adaptations that are relevant to several clients, it is not possible to refrain from a particular adaptation for the Client alone. However, BugFyx B.V. is not liable for damage in connection with such adaptations.

18.8 If the Internet or Cloud Services are unavailable due to failures, maintenance or other causes, BugFyx B.V. will make efforts to inform the Client of the nature and expected duration of the interruption.

18.9 In the event of force majeure, which in any case includes failures or outages of the internet or the telecommunications infrastructure, SYN floods, network attacks, DoS or DDoS attacks, power failures, civil unrest, mobilisation, war, transport blockages, strikes, lockouts, business disruptions, stagnation in supplies, fire, flooding, import and export restrictions, and the case in which BugFyx B.V. is not enabled to deliver by its own suppliers, regardless of the reason, as a result of which performance of the Agreement cannot reasonably be required of BugFyx B.V., the performance of the Agreement will be suspended, or the Agreement will be terminated if the force majeure situation has lasted longer than ninety days, all without any obligation to pay compensation.

19. Processing of personal data

19.1 The personal data of the Client and/or client stated in the Agreement are processed in accordance with the General Data Protection Regulation (GDPR). On the basis of this processing, BugFyx B.V. can: (a) perform the Agreement and fulfil its obligations towards the Client; (b) provide service to the Client; (c) in the event of a legitimate interest, provide the Client in good time with up-to-date information about Products and make it personalised offers;

19.2 BugFyx B.V. does not use and store personal data for longer than is necessary for its business operations or required by statutory regulations or competent authorities.

19.3 Insofar as the Client registers and/or processes personal data of third parties on, by means of or with the help of a Product, Internet Service or Cloud Service, the Client guarantees that it will comply with all statutory regulations in this respect and that the use and processing of the personal data does not infringe any right of a third party. The Client unconditionally indemnifies BugFyx B.V. against claims of the persons whose data are processed that relate to the registration, processing or unlawful use of the personal data by the Client.

20. Other provisions

20.1 The Client is not permitted to transfer any right under an agreement concluded with BugFyx B.V. to third parties, other than upon the transfer of its entire business.

20.2 After completion of the Agreement, neither the Client nor BugFyx B.V. has any obligation towards the other to retain the materials and data used for the Product delivered by BugFyx B.V.

20.3 The legal relationship between the Client and BugFyx B.V. is governed by Dutch law. Disputes will be settled exclusively by the District Court of Oost-Brabant, location ’s-Hertogenbosch, unless mandatory law provides otherwise.