Terms and Conditions

Last updated: March 1, 2025

Welcome to Datafitters Solutions B.V. By using our services and software, you agree to the following terms and conditions.

1. Applicability All our services and agreements are governed by the Netherlands ICT terms and conditions (ICT Nederland voorwaarden), unless otherwise agreed in writing. These conditions are available upon request and can be viewed on the NLdigital website (formerly Nederland ICT).

2. Services and Software Datafitters Solutions B.V. provides a SaaS solution to help organizations optimize their Microsoft Cloud licenses and achieve cost savings. Our services include, but are not limited to:

• Analysis of license usage and allocation
• Optimization recommendations and strategic guidance
• Support and consultation for license management
• Ongoing monitoring and reporting
• Training and best practices implementation

3. Usage Terms

• The software may only be used for internal business purposes
• It is prohibited to copy, resell, or make the software available to third parties without authorization
• Misuse of the software, including unauthorized access or data modification, is strictly prohibited
• Users must maintain the confidentiality of their login credentials
• The software must be used in compliance with all applicable laws and Microsoft licensing terms

4. Responsibilities and Limitations

• Datafitters Solutions B.V. provides recommendations and insights, but final decisions regarding license management remain with the customer
• We guarantee that our savings analysis will lead to demonstrable cost savings in 80% of cases. If this is not achieved, we will work collaboratively to find an appropriate solution
• Liability Limitations:
  • Datafitters Solutions B.V. is not liable for indirect damages, consequential damages, or loss of profits resulting from the use of our software or services
  • Our total liability is limited to the amount paid by the customer in the 12 months preceding the claim
  • We are not responsible for decisions made by customers based on our recommendations
  • Force majeure events are excluded from our liability

5. Pricing and Payment

• Service pricing is determined based on a tiered structure per number of employees and contract duration
• Payment Terms:
  • Invoicing occurs according to the agreement terms
  • Standard payment term is 30 days from invoice date, unless otherwise agreed
  • Late payment may result in interest charges of 1% per month
  • Overdue accounts may result in service suspension

6. Data Privacy and Protection We process personal data in accordance with our Privacy Policy and applicable privacy legislation (GDPR/AVG). Key principles include:

• Data minimization and purpose limitation
• Secure processing and storage
• Transparent data handling
• Respect for individual rights

7. Contract Duration and Termination

• Contract Period: Agreements are entered into for the agreed contract period
• Termination Notice: Cancellation must be provided in writing, observing the notice period specified in the agreement
• Immediate Termination: Datafitters Solutions B.V. reserves the right to suspend or terminate software access in cases of misuse or non-compliance with these terms
• Data Retention: Upon termination, customer data will be retained for 30 days for retrieval purposes, then securely deleted

8. Intellectual Property

• All software, documentation, and methodologies remain the intellectual property of Datafitters Solutions B.V.
• Customers receive a limited, non-exclusive license to use the software during the contract period
• Customer data and business information remain the property of the customer

9. Service Level Agreement

• Availability: We strive for 99.5% uptime during business hours
• Support Response: Support requests are acknowledged within 4 business hours
• Data Accuracy: We maintain high standards for data accuracy and regularly validate our analysis methods

10. Applicable Law and Disputes

• Governing Law: Dutch law applies to all agreements
• Dispute Resolution:
  • Disputes are preferably resolved through mutual consultation
  • If resolution is not possible, disputes will be submitted to the competent court in the Netherlands
  • Mediation may be considered before litigation

11. Modifications

• These terms may be updated from time to time
• Customers will be notified of material changes with 30 days’ notice
• Continued use of services constitutes acceptance of updated terms

12. Contact Information For questions about these terms and conditions, contact us:

📧 info (at) datafitters.com
🌐 datafitters.com
📍 Datafitters Solutions B.V.