General Terms and Conditions

Definitions

Traqqie: Traqqie, established in Amsterdam, Chamber of Commerce no. 69477205.
Customer: The party that has entered into an agreement with Traqqie.
Parties: Traqqie and the customer or client together.
Consumer: A customer who is an individual acting for private purposes.
Client: Any company, organization, business entity, or individual acting in a professional capacity that has entered into an agreement with Traqqie.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Traqqie.

Parties can only deviate from these conditions if they have explicitly agreed upon in writing. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by Traqqie are in euros, exclusive of VAT and any other costs such as administration, travel, or transport expenses, unless otherwise agreed.
Traqqie is entitled to adjust all prices at any time. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds this amount.
Traqqie has the right to adjust prices and will communicate these adjustments prior to the price increase becoming effective. Consumers have the right to terminate the contract if they disagree with the price increase.

Payments and Payment Term

Traqqie requires an upfront payment for the application services The customer must pay the full amount within 30 days after delivery.

If payment is not made within the term, the customer is considered legally in default without the need for further notice.

Refund Policy

Traqqie offers refunds under specific conditions. If Traqqie acts on behalf of the client as an intermediary and the application does not succeed, a refund will be provided, given the client or customer has provided all necessary information and accesses.
Refund requests must be submitted within 30 days of receiving confirmation that the application was not accepted.
Refunds will not be given under any other circumstances, including instances where Traqqie provides advisory services only or where the client submits the application independently.

Consequences of Late Payment

If the customer does not pay within the agreed term, Traqqie is entitled to charge an interest per month for commercial transactions.
If the customer remains in default, they are due to extrajudicial collection costs and may be required to pay compensation.
In the event of liquidation, bankruptcy, or suspension of payment by the customer, Traqqie’s claims become immediately payable.
In case of non-payment, Traqqie may suspend its obligations until the customer has met the payment obligation.

Right of Withdrawal

Consumers may cancel an online purchase within a 14-day cooling-off period without giving any reason, except for certain services like accommodation or services that have been fully performed with the customer’s consent within that period.

Suspension of Obligations by the Customer

The customer waives the right to suspend any obligation arising from this agreement.

Insurance

The customer must insure goods delivered by Traqqie that are necessary for the execution of the agreement, as well as goods present at the customer's premises.

Liability of Traqqie

Traqqie is only liable for damage caused by intent or gross negligence.
Traqqie is never liable for indirect damages, such as lost profit or lost savings.
Traqqie’s liability is limited to the amount paid by a liability insurance or the invoice related to the damage.

Duration of the Service Agreement

Contracts between Traqqie and the customer are for an indefinite period unless otherwise specified. Contracts for Traqqie's application service end with the successful approval by the authorities.

If a fixed-term contract is entered into, it will be converted into an open-ended contract unless terminated with due notice.

Cancellation of the Contract

Customers can terminate an indefinite contract with a 2-month notice period, while consumers can terminate with a 1-month notice period.

Indemnity

The customer indemnifies Traqqie against all third-party claims related to the products and/or services supplied by Traqqie.

Complaints

The customer must examine products or services as soon as possible for any shortcomings and inform Traqqie within 1 month (or 2 months for consumers) of discovering any defects.

Force Majeure

If Traqqie is unable to fulfill its obligations due to force majeure, the obligations will be suspended until the situation resolves.

Modification of the Agreement

If changes to the agreement are necessary, both parties will adjust the agreement accordingly in mutual consultation.

Changes in the General Terms and Conditions

Traqqie is entitled to amend or supplement these general terms and conditions. Substantial changes will be communicated to the customer in advance, and consumers have the right to cancel the agreement in the event of a major change.

Transfer of Rights

The customer cannot transfer rights from the agreement to third parties without written consent from Traqqie.

Applicable Law and Competent Court

All agreements are governed by Dutch law. Disputes will be settled in the Dutch court where Traqqie is established.

Drawn up on: 01 October 2024