Article 1. Identity
We are ‘Enabl.ist’
Via our website Enabl.ist you are here. We are registered at the Gouden Leeuw 838 in Amsterdam.
Legal entity: Enabl.ist
Article 2. Terms
Any natural or legal person who, for whatever reason, enters into a contract or collaboration based on his profession or company with Enabl.ist.
All consultancy on the Enabl.ist website available.
A service, consultancy you buy from us.
All services provided by Enabl.ist through the website or otherwise offers.
The website(s): The websites and/or trade names that together or separately managed by Enabl.ist and registered by us at the Chamber of Commerce.
Day: Just, a calendar day. Defacto Monday to Friday, either otherwise agreed.
Article 3. Validity
Already our quotations and offers are almost always without obligation. Unless we have a term for acceptance in the quotation put.
A quote or an offer automatically expires when we no longer offer the ordered product or service. Do you sign the quote not within 14 days? This will also expire. A quote is one-off. So you can’t go out for future agreements of the same agreements.
We can in specific cases request a fee for a specialist quote, when entering into the contract, this can be deducted from the total sum be picked up. Are there errors in the quotation as a result of a mistake or clerical error,
then you can’t pin us down to that.
All prices in a quotation or offer are exclusive of VAT. Also others government levies and the costs that are added to the quotation come fall out here. By this we also mean travel, shipping and handling costs: these are not included. Unless we indicate otherwise of course or that you are outside a VAT-registered zone fall. Do you agree with all parts in the quotation? Then we don’t have agreement. Offers or quotes do not automatically apply to future orders.
Article 4. Agreements
In front of we go into business with each other, we would like to make sure that we can both keep to our agreements. That’s why we take an order what is only processed after full payment of previous orders.
Products or product quantities that are special for an order purchased, unfortunately there is no return possible.
To deliver on account? Then we assume that you will keep us informed of financial information about your company which may affect on our business relationship.
We are not obliged to say why we refuse an assignment or order.
From Enabl.ist we can always postpone the delivery or terminate the agreement, at a time that we think is right. In that case we do not pay any compensation. We do this of course not just like that, it can occur if:
a. You discharge the obligations does not, not fully or not on time fulfill the agreement.
b. After concluding the contract, we believe that you have fulfilled your obligations can’t get to.
c. You have been asked to demonstrate that your obligations to meet the agreement, but we
receive little or no evidence of this.
d. Through delay on your part we can no longer keep the agreements made
e. Do not fit in our own Ethical Code of Conduct.
Enabl.ist may also terminate the agreement with immediate effect if it is impossible for Enabl.ist to deliver.
Is becoming terminated the agreement? Then we can check our progress immediately to claim. We retain our claims as in our Law and in our agreement. Do we have a contract for an indefinite period? Then we can terminate the agreement within a notice period of 30 days. Like you can do the same, of course. Unless we have agreed otherwise from beforehand.
If we have a contract for a certain period of time, then only cancel Enabl.ist, with a notice period of 14 days.
If we terminate the agreement prematurely, we will of course discuss about the tasks still to be performed. Is the cancellation up to you? Then the costs are for your account.
We hope not, but you may end up in sever debt. Like liquidation, (application for) suspension of payments of payment or even bankruptcy, or any other circumstance that prevents you from freely speaking about your capacity. In such a case, we may terminate our agreement with you immediately and cancel an order or agreement.
We are not obliged to pay damages or compensation. Our progress in such a case are immediately due and payable to you.
Cancel (partially) a placed order? Then we will bring you the previously ordered or
prepared products. This also includes any removal and delivery costs thereof and the reserved working time.
We expect your payment within the term that we have indicated. And in the currency we have invoiced. Are those euros? Then unfortunately it will not work with dollars or pesos. Enabl.ist can invoice per delivery or order and change the payment term. This can also mean that we set a payment in advance.
Do you not pay the invoice on time? Then we see this as default and you owe us 8% interest per year. Unless the statutory commercial interest is higher, in which case you must pay it. We calculate the interest on the amount owed from the moment you are in default until you have paid the amount.
The amount of the outstanding invoices is also increased by a fixed fee of 15% of the outstanding amounts with a minimum of €50 per unpaid invoice. In addition, Enabl.ist can also claim the actual damage suffered and costs incurred.
Do we owe you an amount? Then we may settle this with any amount that we still owe you. Unfortunately this is not possible the other way around.
Do you object to the amount of an invoice? Then you still have to pay, as long as we have not yet reached an agreement.
Do you not fulfill your obligations to us or not on time? In that case, all costs that we incur to collect the amount will be for your account. Also any legal costs, if we need a lawyer for this, for example.
Order on account? Which can. But only with our approval and clear agreements. We determine the payment term. We can change these when we want, this also includes setting payment in advance.
We may investigate your creditworthiness at any time. Of course we always comply with the law. Based on the outcome of such an investigation, we can impose additional conditions on you. Consider, for example, bank guarantees.
Enabl.ist is allowed to change credits and payments afterwards on account. We do not have to give a reason for this.
Our General Terms and Conditions apply to every agreement between us and a third party. We expressly reject other terms and conditions, for example yours.
Buying on credit
If you are allowed to order on account from Enabl.ist, you use your assigned identifiers such as account name, password or other codes with every order.
Enabl.ist is never liable for loss, theft, misuse or misuse of these identifiers. You report this immediately to Enabl.ist.
You know that Enabl.ist cannot guarantee the security of the Internet, as much as we would like to.
You also know that there is a possibility that data you send to us with an identifier may be intercepted and falsified by others.
Article 8. Retention of title
Working with OpenSource applications is multidimensional, in principle we are never the owner of the software, unless otherwise indicated.
The products we supply to you remain with us until you have fulfilled all the agreements we have made. Think of the payment, interest or other costs.
Is a product that we have supplied subject to retention of title? Then you may not resell or use this product as a means of payment. You also may not give it as collateral or establish any other right in a product.
If, for whatever reason, your assets or products that we have supplied subject to retention of title are seized, you as a customer must inform us of this. Are you unable to meet your payment obligations? Then you are obliged to return the products that are still available at your own expense us, to give back to us.
Do you manage products from Enabl.ist? Then you are obliged to insure it against fire, theft, explosion and water damage. We also want to see the police just to be sure. In the event of a payment from the insurance, we are entitled to our tokens. And if necessary, we expect you to cooperate.
If we want to use the proprietary rights that we have explained in this article, we expect to obtain permission from you. This includes telling us where the products are and giving us access to that place.
Article 9. Warranty
All service, consultancy and services we provide to you will work as you may reasonably expect. As long as you use these for their intended purpose, of course.
Are you using our advisory in the wrong way? Then we cannot offer any liability. Unfortunately, we cannot offer you a guarantee even if there are circumstances beyond our control.
Our service agreement will guide the day-to-day management and maintenance of obtained services from us.
Article 10. Liability
Are we not fulfilling the agreements we have made together? Then our liability is limited as we have indicated in this article.
Have you shared incorrect or incomplete information with us? Then we are not liable if this causes damage.
In all cases, our liability will never exceed the invoice value of the part of the order for which we are liable.
And our liability is never higher than the amount paid by the insurer amount paid in that specific case.
We are only liable for direct damage. What is that, direct damage? This includes the reasonable costs to determine the cause and extent of the damage. Or the costs you incur to have our defective performance comply with the agreement or the costs you incur to prevent or limit damage. This only applies if you can demonstrate that these costs have resulted in limitation of direct damage.
We are never liable for indirect damage. Indirect damage includes lost profits, loss of goodwill, reputation, trade or contracts, lost savings and damage due to business interruption. Software bugs can occur interacting with unknown software.
Are you insured against the damage you have incurred? Then we are not liable.
Did we cause the damage on purpose or were we deliberately careless? Then we are liable for damage.
Article 11. Force Majeure
In the event of force majeure, we do not have to comply with our obligations to you. We are allowed to do this as long as there is force majeure.
What exactly do we mean by force majeure? Any independent circumstance and/or unforeseeable circumstance that prevents the fulfillment of our obligations towards the customer in whole or in part. That is legal for:
b. (long-term) illness among staff
c. fire, flood
d. water damage
e. wars and revolts
f. export and/or import restrictions
g. business failures
h. power failures
i. malfunctions in a (telecommunications) network or connection or communication systems used and/or the website being unavailable at any time.
j. non-delivery or late delivery from suppliers or other third parties engaged
k. the lack of government permits.