Terms & conditions – Business Aissist

terms &

Article 1: Definitions

Business Aissist: The partnership V.O.F. Driehonderdzestig, located at Gerrit Kasteinstraat 68 in Leiden (The Netherlands), registered with the Dutch Chamber of Commerce under number 74252674, hereinafter referred to as the “Contractor.”
Client: The natural or legal person entering into an agreement with the Contractor, hereinafter referred to as the “Customer.”
Services: The services offered by the Contractor, including the implementation and maintenance of AI-driven virtual assistants and the provision of AI workshops.
Agreement: The agreement between the Contractor and the Customer for the delivery of the Services.

Article 2: Applicability

These terms and conditions apply to all offers, quotations, and agreements between the Contractor and the Customer.
Deviations from these terms are only valid if expressly agreed in writing.
Any purchase or other conditions of the Customer are explicitly rejected.

Article 3: Quotations and Formation of the Agreement

All quotations by the Contractor are non-binding, unless a period for acceptance is stated in the quotation.
The Agreement is concluded upon the Customer’s written acceptance of the Contractor’s offer, or when the Contractor commences the execution of the Services.

Article 4: Execution of the Services

The Contractor will carry out the Services to the best of its knowledge and ability, and in accordance with the standards of good workmanship.
The Contractor uses third-party software and services, such as Retell AI, CM.com, and Cal.com, in the execution of the Services. The Contractor is not liable for shortcomings in such third-party software.
The Customer is responsible for providing all information necessary for the proper execution of the Services in a timely and complete manner.

Article 5: Prices and Payment

All prices are exclusive of VAT and other government levies.
Subscription fees for the virtual assistant are invoiced monthly in advance.
Invoices must be paid within 14 days of the invoice date. In case of late payment, the Customer will be in default by operation of law and will owe 1% interest per month.
The Contractor is entitled to adjust prices annually. Price changes will be communicated to the Customer at least 30 days in advance in writing.

Article 6: Duration and Termination

Subscriptions are entered into for an initial period of 12 months, unless agreed otherwise. After the initial period, the subscription is tacitly renewed for successive periods of one month.
Termination can take place at the end of the subscription period, subject to one month’s notice.
The Contractor may terminate the Agreement with immediate effect if the Customer fails to meet its obligations or is declared bankrupt.

Article 7: Liability

The Contractor’s liability is limited to the amount paid out in the relevant case under its professional liability insurance, plus the deductible.
If the insurance provides no coverage, liability is limited to the invoice amount of the last three months.
The Contractor is never liable for indirect damages, such as lost profits or consequential damages.

Article 8: Intellectual Property

All intellectual property rights relating to software, analyses, and documentation developed by the Contractor belong to the Contractor or its licensors.
The Customer is granted a non-exclusive and non-transferable right of use for the duration of the Agreement.

Article 9: Data Processing and Privacy

The Contractor processes personal data on behalf of the Customer and is therefore regarded as the “processor” within the meaning of the GDPR.
The arrangements regarding this processing are laid down in the Privacy Policy, which forms an integral part of these terms and conditions. The Customer remains the “controller.”

Article 10: Governing Law and Disputes

All legal relationships involving the Contractor are exclusively governed by Dutch law.
Disputes will be submitted to the competent court in the district where the Contractor is established.