Terms and Conditions

Last updated: July 23, 2025

1. Introduction

Welcome to Mark. These Terms and Conditions govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of these terms, please do not use our website or services.

1. Definitions

"Client" means the business or entity receiving the services.
"Service Provider" means Mark, registered under KvK: 71425993, The Netherlands.
"Services" means software development, consulting, or related services provided by the Service Provider.
"Deliverables" means the software, code, documentation, and other outputs resulting from the Services.

2. Scope of Services

The Service Provider shall provide software development and related services as agreed in the applicable project proposal, statement of work (SOW), or other written agreement between the parties.

3. Term and Termination

These Terms apply as long as services are provided. Either party may terminate the agreement with 30 days' written notice. Immediate termination is possible in case of material breach not remedied within 14 days of notice.

4. Fees and Payment

The Client agrees to pay all fees as outlined in the agreement or invoice. Invoices are payable within 14 days of the invoice date, unless otherwise agreed in writing. Late payments may incur statutory interest and collection costs.

5. Intellectual Property

Unless otherwise agreed in writing:

  • The Client will receive a non-exclusive, non-transferable license to use the Deliverables for internal business purposes.
  • All intellectual property rights developed prior to or outside of the scope of this agreement remain the property of the Service Provider.
  • Custom-developed software may be assigned to the Client upon full payment, if specified in writing.

6. Confidentiality

Each party agrees to keep confidential all information marked or reasonably understood to be confidential, and not to disclose it to any third party without prior written consent, except as required by law.

7. Warranties and Disclaimers

The Service Provider will perform services in a professional and workmanlike manner.
No other warranties, express or implied, are given. The Service Provider does not warrant that software will be error-free or fit for any particular purpose.

8. Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, cyberattacks or government restrictions.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of The Netherlands, and any disputes shall be subject to the exclusive jurisdiction of the courts in The Netherlands.

10. Miscellaneous

These Terms may be updated by the Service Provider from time to time.
If any provision is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
No waiver of any breach or default shall be deemed a waiver of any subsequent breach.