Terms & Conditions

Article 1 - Definitions

These terms and conditions use the following definitions:

AI

Artificial intelligence, including but not limited to machine learning, natural language processing, computer vision, and other forms of advanced automation.

GDPR

The General Data Protection Regulation, the European privacy legislation.

Services

All services offered by Full Stacks, including AI, application development, automation, design, and marketing.

Full Stacks

Full Stacks B.V., located at Hofmeyrstraat 24-2, 1091 NA Amsterdam, operating in the Netherlands under Chamber of Commerce number 84408510 and VAT number NL863200151B01.

Intellectual Property

All rights such as copyright, trademark, patent, design, and database rights.

Additional Work

Additional activities that fall outside the original scope of the agreement.

Proposal

A formal offer from Full Stacks to the Client to deliver specific services at a defined price.

Client

The natural or legal person entering into an agreement with Full Stacks.

Agreement

The arrangement between Full Stacks and the Client for the delivery of services.

Force Majeure

Any situation beyond the control of Full Stacks, such as natural disasters, wars, strikes, or other unforeseen circumstances that prevent Full Stacks from fulfilling its obligations.

Package

A preconfigured combination of services that Full Stacks offers for a fixed price and/or fixed term.

Personal Data

All information about an identified or identifiable natural person as defined by the GDPR.

Confidential Information

All information marked as confidential by either party or whose confidential nature can reasonably be assumed.

Website

The official Full Stacks website, accessible via www.fullstacks.nl.

Article 2 - Applicability

1. These terms and conditions apply to all of our offers, proposals, and agreements.
2. Deviations from these terms are only valid if agreed in writing.
3. We explicitly reject any purchasing or other terms from you as the Client.

Article 3 - Proposals and agreements

1. All of our proposals are without obligation and valid for 30 days unless stated otherwise.
2. An agreement is established after our written confirmation or when we start performing the work.
3. We reserve the right to decline an assignment without stating a reason.

Article 4 - Pricing and payment

1. Our prices exclude VAT and other levies unless stated otherwise.
2. We may adjust our rates annually. If the increase exceeds 5%, you may terminate the agreement within 30 days after notification.
3. Invoices must be paid within 14 days of the invoice date unless agreed otherwise.
4. For larger projects we may invoice in installments in consultation with you.
5. Packages are invoiced monthly in advance.
6. If you fail to pay on time, you are automatically in default and we may charge statutory interest and collection costs.

We offer services based on:

• Custom proposals
• Fixed packages with a monthly fee

Article 5 - Execution of the agreement

1. We execute the agreement to the best of our ability and according to professional standards.
2. Lead times are agreed jointly and are indicative. For packages we aim for the communicated timelines but reserve the right to deviate.
3. We mainly work remotely. If needed we can work on-site in consultation with you.
4. We expect you to provide all data and materials we need to execute the agreement.

Article 6 - Changes and additional work

1. Changes to the agreement are recorded in writing.
2. We may charge additional work that results from changed or additional activities and will inform you as soon as possible.

Article 7 - Intellectual property

1. All intellectual property rights to works we develop remain with us unless explicitly agreed otherwise.
2. After full payment you receive a non-exclusive, non-transferable license to use the deliverables for the agreed purpose.
3. You may not reverse engineer or decompile the source code of software we develop unless permitted by law.

Article 8 - Confidentiality and data protection

1. We keep all confidential information we receive from each other strictly confidential.
2. We do not share data with third parties without your explicit approval.
3. We process personal data in line with applicable privacy laws, including the GDPR.

For detailed information on how we handle personal data, please refer to our privacy policy.

For information about our use of cookies and similar technologies, read our cookie policy.

Article 9 - Liability

1. Our liability is limited to the amount paid out under our insurance plus our deductible.
2. If there is no insurance coverage, our liability is limited to the invoice amount of the relevant assignment or, for ongoing engagements, the invoices for the last six months.
3. We are not liable for indirect damage such as consequential damage, lost profits, missed savings, or business interruption.
4. You indemnify us against third-party claims related to the execution of the agreement that are attributable to you.

Article 10 - Force majeure

1. In case of force majeure we may suspend our obligations for the duration of the situation.
2. Force majeure includes, in addition to what the law and jurisprudence state, all external causes beyond our control that prevent us from fulfilling our obligations, including disruptions of telecommunications, internet, and third-party cloud services.
3. If force majeure lasts longer than 90 days, both parties may terminate the agreement in writing.

Article 11 - Term and termination

1. Package agreements are entered into for an indefinite period unless agreed otherwise.
2. You may cancel packages in writing with one month’s notice.
3. We may terminate the agreement immediately if you fail to meet your obligations, without owing compensation.
4. We may also terminate immediately in the event of your bankruptcy, suspension of payment, or liquidation.

Article 12 - Use of subcontractors

1. We may engage third parties, such as freelancers or partner companies, to execute the agreement.
2. We remain fully responsible for the execution of the agreement.
3. We ensure these third parties are bound by confidentiality and quality obligations comparable to those we owe you.

Article 13 - References and portfolio

1. We may use your name and logo as a reference unless you object in writing.
2. We always request your written approval before showcasing detailed case studies.

Article 14 - Updates and maintenance

1. Services such as websites and applications include a maintenance period of three months after delivery unless agreed otherwise.
2. After this period we can provide updates and maintenance under a separate agreement.
3. We are not responsible for damage or loss of functionality resulting from failing to update software in time after the maintenance period.

Article 15 - AI and automation

1. We aim to be transparent about the possibilities and limitations of the AI technologies we use.
2. We cannot guarantee that AI-generated content is free from errors or bias. You remain responsible for reviewing and approving all AI-generated content before use.
3. We are not liable for damage resulting from the use of AI technologies unless caused by intent or gross negligence on our part.

Article 16 - Dispute resolution

1. Dutch law applies to all of our agreements.
2. We aim to resolve disputes amicably first. If that fails, we will attempt mediation.
3. If mediation does not resolve the dispute, it will be submitted to the competent court in Amsterdam.

Article 17 - Final provisions

1. We may amend these terms and conditions. Changes take effect 30 days after we inform you.
2. If any provision is found invalid, the remaining provisions stay in force, and we will jointly draft a replacement clause.
3. You can always request the most recent version of these terms or consult them on our website.
4. These terms are drafted in Dutch. In case of discrepancies between the Dutch text and a translation, the Dutch text prevails.
5. By using our services you agree to these terms and conditions.