General
- All deliveries, offers, quotations, the execution of work by or on behalf of Cadmes and all (future) agreements are subject to the Dutch ICT delivery terms and conditions, as filed with the Chamber of Commerce Midden-Nederland under number 30174840. The terms and conditions can be found on the Cadmes website: https://www.cadmes.com/assets/uploads/nederland-ict-voorwaarden.pdf
- The general terms and conditions included in this document prevail over the Dutch ICT terms and conditions. Insofar as there are no contradictions between the various sections of these general terms and conditions, they shall apply in addition to each other. Any other written agreements made between Cadmes and the client, the approved quotation or the approved offer prevail over the general terms and conditions.
- The applicability of any purchase conditions or other conditions of the client is expressly excluded.
- Deviating conditions or stipulations only form part of the agreement insofar as those conditions or stipulations have been expressly agreed in writing (written or in writing) between Cadmes and the client.
- All prices quoted by Cadmes are in Euros, excluding travel and accommodation expenses, turnover tax and other levies imposed by the government.
- Cadmes has the right to pass on a change in the factors that influence Cadmes’s price, including printing errors, to the client.
- The discounts stated in Cadmes’s offer only apply if and insofar as the client guarantees that the software offered is not intended or used to replace illegal versions of the software.
- Payment terms are subject to financial acceptance.
- Travel expenses at €1.25 per kilometre (from ‘s-Hertogenbosch) are invoiced by Cadmes to the client at least once a month.
Illegal Software
The client makes every effort to prevent the use of illegal software within its organisation. Should it nevertheless appear, for example from a report from a supplier such as Dassault Systèmes/SOLIDWORKS, Driveworks, Cimatron or Mastercam, that the client is using or has used illegal versions of software offered by Cadmes in the Benelux, Cadmes is entitled to revise the conditions of any current quotations regarding the supply of software.
Products
Software/Service/SAAS
- Software, Service and/or SAAS products are invoiced 100% upon order with a payment term of 14 (fourteen) days from the invoice date.
- The term of these products starts after receipt of the signed quotation unless otherwise agreed/stated in the approved quotation.
- Delivery will take place as soon as possible after receipt of the signed quotation.
- Cadmes is entitled to postpone (partial) delivery and any follow-up deliveries if and as long as payments are not made by the client according to the agreed schedule.
- The incompleteness of (partial) deliveries does not release the client from the obligation to adhere to the agreed payment schedule.
Renewal of Service contract(s) & SAAS
- SAAS products and Service contracts are entered into for the agreed duration and are then tacitly renewed by Cadmes for the same period, unless otherwise agreed. Termination is possible if the client notifies Cadmes in writing - no later than 45 (forty-five) days before the expiry date of the contract - via CustomerCare@Cadmes.com.
- If the client terminates the SAAS product(s) and/or Service contract(s), this contract will eventually end and with it, all customer data stored by the client (all data stored by the client on manufacturer’s systems through SAAS products or services) will in principle be deleted. In other words, Cadmes will not make backup copies of customer data stored by the client on systems of the manufacturer. Cadmes is therefore never responsible for making customer data available to the client and with that Cadmes can never be held liable for securing the relevant customer data after SAAS Product(s) and Service contract(s) has been terminated. Nevertheless, the client has the right, within 7 (seven) days of termination of SAAS Product(s) and/or Service contract(s), to independently transfer/move the stored customer data itself to its chosen environment to avoid losing its data.
- A partial termination, being a termination of the number of users and/or workstations or a termination of specific software packages or modules, is possible under the same conditions as described in the first paragraph, provided the termination explicitly and clearly describes which part is being terminated. A partial termination can result in additional costs or a change in the conditions.
- Rates may be changed by Cadmes in the interim with immediate effect due to changed rates of suppliers for Products and/or Services which will be passed on proportionally to the client, without the possibility for the client to terminate the Agreement in the interim.
- Invoicing is by means of a 100% invoice with a payment term of 14 (fourteen) days from the invoice date.
- Cadmes reserves the right to postpone or not carry out the purchase of this service if the client’s invoice remains unpaid. This decision does not release the client from the obligation to adhere to the agreed payment schedule.
Training
- Upon instruction, 100% of the agreed training budget will be invoiced with a payment period of 14 (fourteen) days from the invoice date.
- Payment of this invoice must be made in full before taking the training course.
- Cadmes is entitled to postpone the training days if and as long as the client has not made the payments according to the agreed schedule.
- Cadmes is entitled to cancel or reschedule training courses if there are not enough registrations or in the event of emergencies.
Consultancy
- Consultancy based on a fixed budget, such as PDM Essentials, PDM Standard Upgrade, ‘Strippenkaart’ configuration and/or validation of Postprocessors will be invoiced 100% upon order with a payment period of 14 (fourteen) days.
- Consultancy based on subsequent calculation are invoiced at least 1 (once) per month.
- Travel and accommodation expenses are not included and will be invoiced monthly with the services.
- This proposal with accompanying budgets is based on the information provided by the client in combination with our (project) experience.
- Contract variations are determined in consultation with the client and added to the project budget where necessary. The associated travel and project management costs involved are also included in this.
- For work scheduled outside office hours (8:30 - 17:00), a consultancy fee of 150% is charged.
Cancellation of services and training
- Cancellation of participation in training by the client or cancellation of a consultancy or installation appointment by the client must be communicated to Cadmes in writing at least 5 (five) working days before the planned date via projects@cadmes.com.
- A cancellation or non-appearance by the client does not affect the client’s payment obligations towards Cadmes under the contract.
- Cadmes has the right to cancel or reschedule services in the event of emergencies.
Backup/Recovery/Hardware/Operating System
The client is responsible for:
- having a sound backup policy and a recovery plan in place.
- having hardware that is sufficient for the use of the chosen software.
- installation/functioning of the Operating System.
Test environment
When implementing solutions or client-specific functionality, the client is responsible for having a test environment. Changes to the setup should first be carefully tested in this environment and only then rolled out to the production environment.
Changes
- Cadmes has the right to change (parts of) these general terms and conditions in the interim. Any changes will be communicated to the client by Cadmes at least 1 (one) month in advance.
- If a change to the general terms and conditions announced by Cadmes negatively affects the client’s position, the client may object to it in writing, stating reasons, before the relevant change takes effect. In case of an objection, Cadmes may reconsider the amendment and decide to withdraw it in whole or in part.
- If Cadmes decides to implement the change despite the client’s objection, the client is entitled to terminate the Agreement in writing by, and no later than, the date on which the change takes effect.
- If the client does not object to the intended change in writing, stating reasons, within 14 (fourteen) days of Cadmes’ notification, the client is deemed to agree to the change.
- Changes of minor importance, changes that are necessary due to changed laws and regulations and changes that are to the client’s advantage can be made by Cadmes without notice. Such changes do not entitle the client to object and/or terminate the Agreement.