Terms and Conditions

Definitions & Scope

For the application of these General Terms and Conditions, the following definitions apply: (a) "Agreement": any agreement concluded between TriggerHive and the Client to which these Terms apply; (b) "Client": any natural person or legal entity that engages Services; (c) "Services": fullstack web development (frontend and backend), custom software, API integrations, n8n automation workflows, technical consultancy and interim/secondment work whereby TriggerHive temporarily functions as an extension of the Client's team; (d) "Deliverables": the software, code, documentation or other results produced pursuant to the Agreement; (e) "Working Day": Monday through Friday, excluding public holidays recognized in the Netherlands; (f) "Intellectual Property Rights": all worldwide copyrights, database rights, trademarks, design rights, trade secrets and other proprietary rights; (g) "Secondment": the temporary placement of TriggerHive at the Client's disposal, whereby TriggerHive performs work under the direction and supervision of the Client.

Identity & Contact

TriggerHive is a sole proprietorship owned by Gijs van Hout, located at Julianastraat 92, 5427 AW Boekel, The Netherlands. Registered with the Chamber of Commerce under number 97815829. VAT ID: NL005289961B61. Email: gijs@triggerhive.com. Phone: +31 6 17218887.

Formation of the Agreement

An Agreement is formed as soon as TriggerHive has issued a written quotation and the Client accepts it in writing, by email or through any other unambiguous act. Electronic acceptance and e-signatures are legally valid. The Client's purchasing or other terms and conditions are expressly rejected, unless TriggerHive accepts them in writing. In case of conflict, the following order of precedence applies: (1) the quotation, (2) any Statement of Work, (3) these Terms and Conditions.

Services

TriggerHive will perform the Services with due care and skill, in accordance with the quotation and any agreed milestones. Unless expressly agreed otherwise, the Services are provided on a best-efforts basis and TriggerHive does not guarantee that the Deliverables will be completely error-free or that automations will be available without interruption. In the case of secondment assignments, TriggerHive works under the direction and supervision of the Client; in such cases, the Client bears responsibility for the work environment, necessary resources and the substantive management of the work.

Prices & Payment

All prices are in euros and exclude VAT, unless stated otherwise. TriggerHive invoices monthly in arrears; invoices must be paid within 30 days of the invoice date. In case of late payment, statutory (commercial) interest is due, plus reasonable collection costs. Travel and third-party costs are charged at cost price, provided they have been approved in advance by the Client.

Right of Withdrawal

Consumers may withdraw from the agreement within 14 days after conclusion in accordance with Article 6:230o of the Dutch Civil Code and Directive 2011/83/EU. For custom software or fully performed digital services, the right of withdrawal lapses when performance has commenced with the express consent of the consumer.

Intellectual Property

Unless otherwise agreed, all Intellectual Property rights to the Deliverables remain with TriggerHive until the Client has fully paid all outstanding invoices. After full payment, TriggerHive grants the Client a non-exclusive, worldwide and perpetual license to use, execute and modify the Deliverables for its own business purposes. For secondment assignments where TriggerHive works within the Client's existing codebase, the Intellectual Property rights to the code written during the secondment belong to the Client, provided all invoices have been paid. TriggerHive retains the right to apply general knowledge, techniques and experience gained during the assignment elsewhere. Open-source components are subject to their respective licenses.

Support & Maintenance

Support or maintenance is only included if this has been explicitly agreed upon in the quotation or in a separate service level agreement. To the extent not covered by such an agreement, TriggerHive may provide bug fixes or updates at the standard hourly rate and subject to availability.

Additional Work & Changes

Work that falls outside the original quotation will be classified as additional work and invoiced separately at the applicable hourly rate. TriggerHive is not obliged to carry out additional work until the Client has given written consent (by email or via a formal change request). Verbal agreements or messages via chat services do not constitute a formal instruction, unless subsequently confirmed in writing by both parties.

Acceptance & Delivery

After delivery, the Client has five (5) working days to test the Deliverables and report any defects in writing, with a detailed description of the defect. If the Client does not submit written rejection within this period, the Deliverables shall be deemed accepted and the relevant invoice shall become immediately payable. Subjective preferences, changes in business operations or functional extensions not included in the quotation shall be considered additional work and not a defect.

Suspension

If an invoice remains unpaid more than seven (7) days after the due date, TriggerHive is entitled to immediately suspend all work and block access to development environments, staging servers and source code, without this resulting in any liability for TriggerHive. Suspension does not affect the Client's payment obligations. Work will resume within three working days after receipt of full payment.

Cooperation of the Client

The Client shall timely provide all necessary materials, data, access to systems and approvals required for the performance of the Services. Delivery times are indicative and shall be automatically extended by the duration of any delays on the Client's side, plus a reasonable restart period. The Client shall appoint one contact person who is authorized to provide feedback on behalf of the Client, approve Deliverables and authorize additional work requests. TriggerHive is not obliged to follow conflicting instructions from other parties involved.

Liability

TriggerHive is only liable to business clients for direct damages up to a maximum of the invoice amount of the relevant assignment. Indirect or consequential damages are excluded. The same limit applies to consumers, with the exception of damages resulting from intent or gross negligence.

External Services

TriggerHive is not liable for disruptions, delays, or defects caused by external services, APIs, hosting providers, or other systems beyond TriggerHive's direct control, including but not limited to changes in the terms or availability of such services.

Secondment & Interim

For secondment or interim assignments, the following applies: (a) TriggerHive remains an independent contractor at all times; no employment relationship arises between TriggerHive and the Client or its end client. (b) The Client shall provide a safe and appropriate working environment, necessary access to systems, and clear instructions. (c) Hourly rates are indexed annually on January 1 in accordance with the CBS index for collective labor agreement wages; TriggerHive shall inform the Client of this no later than 30 days in advance. (d) The Client shall not, during the term of the Agreement and until twelve (12) months after termination, approach TriggerHive directly or indirectly for employment or any other form of collaboration outside this Agreement, unless the parties make prior written arrangements to this effect. In the event of breach, the Client shall owe an immediately payable compensation equal to six (6) monthly invoices, based on the average monthly invoiced amount over the last six months of the Agreement. (e) Termination of a secondment assignment shall be made in writing with due observance of a notice period of one (1) calendar month, unless otherwise agreed.

Force Majeure

Neither party shall be liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including (but not limited to) power outages, labor disputes, war, terrorism, natural disasters, or government actions. If a force majeure situation continues for more than 30 consecutive days, either party may terminate the Agreement in writing.

Termination & Cancellation

Either party may terminate the Agreement in writing in the event of a material breach by the other party that has not been remedied within fourteen (14) days of written notice of default. If the Client terminates the Agreement without notice of default or due to Force Majeure, they shall be obliged to pay for all work performed, plus a cancellation fee of 20% of the remaining quoted amount to compensate for reserved capacity.

Availability & Response Time

TriggerHive performs Services on business days between 09:00 and 17:00 (CET), unless otherwise agreed. The standard response time for non-urgent communication is two (2) business days. Emergency support outside office hours requires a separate agreement and is charged at a 50% surcharge.

Reference & Portfolio

TriggerHive retains the right to use the project, including screenshots, live links, and a brief project description, for marketing purposes and portfolio presentations, unless the parties agree otherwise in writing.

Applicable Law & Forum

These terms and conditions are governed by Dutch law. Disputes will be submitted to the competent court in Oost-Brabant, unless the consumer chooses the legally competent court of their place of residence within one month of invoking this provision.

Changes to these Terms

TriggerHive may amend these Terms by providing the Client with at least 30 days' prior written notice. If the Client is a consumer and objects to the proposed amendments, they may terminate the Agreement without penalty before the effective date of the amendments.

Privacy Policy Last updated: [Current Date] ## Introduction This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website. Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site. ## Information We Collect We may collect information about you in a variety of ways. The information we may collect on the Site includes: ### Personal Data Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site. ### Derivative Data Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. ### Financial Data Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. ## Use of Your Information Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to: - Create and manage your account - Process your transactions and send you related information - Email you regarding your account or order - Fulfill and manage purchases, orders, payments, and other transactions - Generate a personal profile about you to make future visits to the Site more personalized - Increase the efficiency and operation of the Site - Monitor and analyze usage and trends to improve your experience with the Site - Notify you of updates to the Site - Offer new products, services, and/or recommendations to you - Perform other business activities as needed - Prevent fraudulent transactions, monitor against theft, and protect against criminal activity - Request feedback and contact you about your use of the Site - Resolve disputes and troubleshoot problems - Respond to product and customer service requests - Send you a newsletter ## Disclosure of Your Information We may share information we have collected about you in certain situations. Your information may be disclosed as follows: ### By Law or to Protect Rights If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. ### Third-Party Service Providers We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. ### Business Transfers We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. ## Security of Your Information We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. ## Policy for Children We do not knowingly solicit information from or market to children under the age of 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. ## Changes to This Privacy Policy We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. ## Contact Us If you have questions or comments about this Privacy Policy, please contact us at: [Your Contact Information] [Your Address] [Your Email] [Your Phone Number]

TriggerHive processes personal data in accordance with the General Data Protection Regulation (GDPR). How and why we collect, use and store personal data is described in our Privacy Policy, which forms an integral part of these Terms.

NLdigital Terms and Conditions

In addition to these General Terms and Conditions, the NLdigital Terms and Conditions 2020 apply, deposited with the Central Netherlands District Court under number 2020/9. These terms and conditions can be consulted at https://www.nldigital.nl/voorwaarden and will be sent free of charge upon request. In the event of any conflict between these General Terms and Conditions and the NLdigital Terms and Conditions 2020, the NLdigital Terms and Conditions 2020 shall prevail.