General Terms and Conditions

1. Applicability

1.1. These terms and conditions apply to all quotes, assignments, and agreements between Q-dev (“Contractor”) and the client (“Client”).

1.2. Deviations apply only if agreed in writing.

1.3. Work carried out by third parties engaged by Q-dev is also subject to these terms.

2. Quotes and assignments

2.1. Quotes are non-binding and valid for 30 days.

2.2. Prices are exclusive of VAT and additional costs, unless stated otherwise.

2.3. An assignment comes into being when the Client accepts the offer in writing or digitally.

3. Execution and cooperation

3.1. Q-dev executes the assignment carefully and to the best of its knowledge.

3.2. The client provides all information, materials, content, and access needed for the execution in a timely manner.

3.3. Delays due to the failure to provide information or decisions in a timely manner are the responsibility of the Client.

3.4. Changes during the project are considered additional work and will be invoiced separately.

4. Delivery and handover

4.1. A project is delivered when the agreed functionality is available and the test version works as agreed.

4.2. The client reports any defects within 14 days after delivery.

4.3. Improvements after this period, or new requests, fall under additional work.

4.4. Q-dev is not responsible for problems caused by changes made by the Client or third parties themselves.

5. Use of software and intellectual property

5.1. Upon full payment, the Client obtains the right to use the components specifically developed for the project.

5.2. All generic modules, frameworks, libraries, methods, code generators, and development tools remain the property of Q-dev.

5.3. The client may not copy, resell, sublicense, or use the software in other projects without permission.

5.4. Q-dev can further apply acquired knowledge, non-confidential components, and general solutions.

6. External services and connections

6.1. For connections with third-party systems (hosting, payment providers, APIs, AI, email services, CMS plugins, databases), Q-dev is dependent on those services.

6.2. Failures, changes in APIs, downtime or errors by third parties are not the responsibility of Q-dev.

6.3. Adjustments required due to changes by third parties will be carried out as additional work.

7. Data, security and backups

7.1. Q-dev handles data carefully, but is not liable for damage due to loss, theft, or misuse of data unless there is intent or gross negligence.

7.2. The client is responsible for secure passwords, management accounts, and access rights.

7.3. Unless otherwise agreed, the Client is responsible for backups of content, data, and files.

8. Service, hosting and maintenance

8.1. Ongoing service or maintenance is only provided when there is an explicit agreement in place.

8.2. Without a maintenance agreement, Q-dev does not guarantee compatibility with new browsers, updates, servers, or external services.

8.3. Work outside the agreed scope falls under additional work.

9. Payment

9.1. Payment term is 14 days, unless otherwise agreed.

9.2. Q-dev mag send (interim) invoices based on progress or agreed phases.

9.3. Work can be suspended in case of late payment.

9.4. In case of late payment, statutory interest and collection costs are due.

9.5. Delivery or go-live only takes place after full payment of outstanding invoices.

10. Liability

10.1. Q-dev's liability is limited to the amount paid out by the professional liability insurance.

10.2. If no payment is possible, liability is limited to the invoice amount of the relevant assignment.

10.3. Q-dev is not liable for:

• a. indirect damage, consequential damage or lost revenue
• b. errors in information provided by the Client
• c. disruptions or changes in third-party systems
• d. security incidents caused by weak passwords or access by third parties
• e. data loss unless there is intent or gross negligence

10.4. The client indemnifies Q-dev against claims from third parties related to the use of the website, application, or data.

11. Termination

11.1. Both parties can terminate the agreement in case of a serious breach by the other party, after written notice of default.

11.2. Upon termination, work performed up to the moment of termination will be invoiced.

11.3. Rights arising from the nature of the agreement shall remain in effect after termination.

12. Content and use

12.1. The client is fully responsible for all texts, images, files, data, and other materials that are provided or entered in the project.

12.2. The client guarantees that all provided and entered materials are lawful and do not infringe on the rights of third parties, including copyright, privacy rights, or other legal provisions.

12.3. Q-dev is not liable for damages, claims, or costs arising from content provided or entered by the Client, including incorrect information, illegal content, data loss, spam, abuse, or unlawful publication.

12.4. The Client indemnifies Q-dev against all claims from third parties related to the provided or entered content, the use of the website, application, or system, or actions of users who have gained access through the Client.