Terms of Service

Last Updated: 29.11.2024
These Terms of Service (“Terms”) govern your access to and use of the services provided by NetElkaar (“we,” “us,” “our”). By using our Remote Hands and Smart Hands services, you agree to comply with these Terms.

1. Services

We provide Remote Hands and Smart Hands services in data centers across the Netherlands, including:

• Physical hardware installation and replacement;
• Diagnosing and resolving hardware-related issues;
• Visual inspections and reporting on equipment status;
• Cable management, labeling, and adjustments;
• Resolving software issues and configuring software (as part of Smart Hands services).

Exclusions:

• We do not provide support for user-specific software unrelated to server infrastructure (e.g., end-user applications).
• We do not perform actions requiring the owner’s consent without prior confirmation.

2. Customer Responsibilities

To ensure effective service delivery, the customer must:

• Provide accurate and complete instructions;
• Ensure access to the equipment or facilities where the services are to be performed;
• Inform us of any specific safety or operational requirements at the data center.

Failure to meet these responsibilities may result in delays or the inability to perform the requested tasks.

3. Pricing and Payment

• Service Fees: Pricing is determined based on the scope of work and is communicated to the customer prior to service delivery.
• Payment Terms: Invoices are issued after the service is completed and must be paid within 10 days of issuance.
• Late Payments: Interest on overdue payments will be charged in accordance with Dutch law (Wet Incassokosten).

4. Limitation of Liability

We are not liable for:

• Damage to hardware or software caused by inaccurate instructions from the customer or pre-existing issues;
• Data loss or service interruptions caused by physical interventions or software configuration;
• Any indirect, incidental, or consequential damages.

Our total liability is limited to the amount paid for the specific service giving rise to the claim.

5. Service Availability

We strive to provide services promptly. However, service delivery depends on:

• The availability of access to the data center;
• The availability of technicians;
• The complexity of the request.

We reserve the right to decline or reschedule service delivery in the event of unforeseen circumstances (overmacht).

6. Termination and Cancellation

• By Us: We may terminate or suspend services immediately if:
  • The customer breaches these Terms;
  • The requested service poses safety or compliance risks.
• By the Customer: The customer may cancel a service request by notifying us at least 24 hours before the scheduled appointment.

7. Right of Withdrawal (For Consumers Only)

If the customer is a consumer (not a business), they have the right to withdraw from the service agreement within 14 days of entering into the agreement, unless the service has already been performed in full with prior consent.

To exercise this right, the customer must notify us in writing via email at [email protected].

8. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Netherlands. All disputes shall be resolved in the courts of Haarlem, Netherlands.

9. Complaints Procedure

Customers may submit complaints about our services to [email protected]. We aim to respond within 5 business days and resolve complaints promptly.

10. Changes to Terms

We reserve the right to update these Terms at any time. Changes will take effect upon publication on our website. Continued use of our services after changes are published constitutes acceptance of the revised Terms.

11. Contact Information

If you have questions about these Terms, please contact us:

• Email: [email protected]