General Terms of Usage
Terms and Conditions of Fountyco.com
1. General
1.1 These terms and conditions (hereinafter “Terms”) govern the use of the website Fountyco.com (the “Site”) and the services provided by Fountyco (the “Company”), a Dutch entity specializing in management and IT project services. By accessing the Site or engaging the Company’s services, the client (the “Client”) agrees to comply with these Terms.
1.2 The Company reserves the right to amend these Terms at any time, with such changes effective upon posting to the Site.
2. Services
2.1 Fountyco offers professional services in management and IT project consulting, including but not limited to project planning, strategy development, IT systems management, and other related consultancy services.
2.2 The scope, duration, fees, and specific deliverables for each engagement will be defined in a separate service agreement or statement of work (SOW), mutually agreed upon and signed by both the Company and the Client.
3. Client Obligations
3.1 The Client agrees to provide all necessary information, access, and cooperation required for the successful completion of services.
3.2 The Client warrants that any materials provided to the Company for the purpose of performing services do not infringe upon any third-party rights.
4. Fees and Payment
4.1 Fees for services will be set forth in the applicable service agreement or SOW. Unless otherwise agreed in writing, all payments are due within 30 days from the date of the invoice.
4.2 Late payments may incur interest charges as stipulated under Dutch law. The Client shall also be responsible for any costs incurred by the Company in recovering overdue payments, including legal fees.
5. Intellectual Property
5.1 The Company retains all rights to intellectual property created in the course of performing services, unless expressly transferred in a separate written agreement.
5.2 The Client is granted a non-exclusive, non-transferable license to use deliverables solely for the purposes outlined in the service agreement or SOW.
6. Confidentiality
6.1 Both parties agree to treat as confidential all information disclosed in connection with the services, except where disclosure is required by law or consented to in writing by the other party.
6.2 Confidentiality obligations will remain in force for a period of three years following the termination of services.
7. Limitation of Liability
7.1 The Company shall not be liable for any indirect, incidental, or consequential damages arising from or in connection with the services provided, to the fullest extent permitted by law.
7.2 In any event, the Company’s total liability under these Terms will not exceed the fees paid by the Client for the relevant service engagement.
8. Termination
8.1 Either party may terminate the service agreement or SOW in accordance with the terms specified therein. Upon termination, the Client will remain responsible for payment of all services rendered up to the effective date of termination.
8.2 The Company reserves the right to suspend services in the event of non-payment or material breach of these Terms by the Client.
9. Governing Law and Jurisdiction
9.1 These Terms, along with any related agreements, shall be governed by and construed in accordance with Dutch law.
9.2 Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the Netherlands.
10. Miscellaneous
10.1 If any provision of these Terms is deemed invalid, the remainder of the Terms shall remain in effect. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent of the invalid provision.
10.2 The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.