Terms and conditions

1. 1.1The terms apply to every offer and agreement in which Struct4U supplies goods or services, including ones the terms don’t describe in detail. Deviations count only if agreed explicitly in writing.
2. 1.2Offers are without obligation, unless the offer states otherwise in writing.
3. 1.3Your own purchasing or other conditions don’t apply.
4. 1.4If a provision is void, the rest remains in force, and both parties agree on a replacement that comes as close as possible to its purpose.

1. 2.1All prices exclude VAT and other government levies.
2. 2.2–2.3Struct4U may change prices and rates by written notice given at least three months in advance: for recurring amounts, and for work delivered three months or more after the notice.
3. 2.4If you don’t accept a price change, you may cancel the agreement in writing within seven working days of the notice, as of the date the change would take effect.
4. 2.5Invoices are paid on the terms stated on the invoice, or otherwise within 30 days of the invoice date.
5. 2.6If you pay late, statutory interest is due without further notice. If a claim is handed over for collection, you also pay the collection costs, set at a minimum of 15% of the total amount.

1. 3.1Both parties keep confidential information they receive from each other secret. Information is in any case confidential if a party marks it as such.
2. 3.2During the agreement and for one year after it ends, neither party hires the other’s staff who worked on the agreement, or has them work for it, without first consulting the other party.

1. 4.1Items delivered remain Struct4U’s property until you have paid everything you owe under the agreement, including interest and collection costs.
2. 4.2Rights are granted or transferred on condition that you pay the agreed fees in full and on time.
3. 5.1The risk of loss or damage passes to you when the items come under your control, or that of someone working for you.

1. 6.1All intellectual property rights in the software, documentation, reports and other materials stay with Struct4U or its licensors. You receive only the rights of use that the terms or the agreement expressly grant, and you may not copy the software beyond that.
2. 6.2The software and materials contain confidential information and trade secrets. Keep them confidential, don’t give them to third parties, and use them only for the purpose they were provided for.
3. 6.3–6.4Don’t remove copyright or other notices, and don’t remove or bypass technical protection of the software.
4. 6.5You may make and keep one backup copy, unless Struct4U provides one.
5. 6.6If you need information to make your own software work with Struct4U’s, ask for it in writing. Struct4U tells you within a reasonable time whether, and on what terms, you can have it.
6. 6.7You may correct errors in the software where that is necessary for its intended use. An error means that the software doesn’t meet the functional specifications Struct4U has made known in writing; it must be demonstrable and reproducible, and you report it without delay.
7. 6.8Struct4U defends you against claims that software it developed itself infringes an intellectual property right valid in the Netherlands, provided you inform Struct4U promptly and leave the handling to it. This doesn’t apply to changes you made or had made. Any further liability for infringement of third-party rights is excluded.
8. 6.9You guarantee that materials you make available to Struct4U don’t infringe third-party rights.

1. 7.1You provide the information and cooperation needed to carry out the agreement, in good time.
2. 7.2You are responsible for how the software and services are used and applied in your organisation, and for your own control and security procedures and system administration.
3. 7.4If information or cooperation is missing or late, Struct4U may suspend the work and charge the extra costs at its usual rates.
4. 7.5If Struct4U staff work at your premises, you provide the facilities they reasonably need, free of charge.
5. 8Delivery dates are estimates made in good faith. Exceeding one does not by itself put Struct4U in default; if a delay threatens, both parties consult.

1. 9.1Either party may dissolve the agreement only if the other fails in an essential obligation after a proper written notice of default that gives a reasonable period to put it right.
2. 9.2An agreement for an indefinite period can be ended in writing by either party, after consultation, with reasons and a reasonable notice period. Ending it gives no right to compensation.
3. 9.3Struct4U may end the agreement with immediate effect if you are granted a suspension of payments, if your bankruptcy is applied for, or if your business is wound up.
4. 9.4What was delivered and invoiced before a dissolution is not undone and remains payable.

1. 10.1–10.2Struct4U accepts liability for damage only as this article sets out. Its total liability for failing to perform an agreement is limited to direct damage, up to the price agreed for that agreement, excluding VAT. For an agreement that runs longer than a year, that is the fees for one year. It never exceeds €450,000.
2. 10.2 a–dDirect damage means only: the reasonable costs of making Struct4U’s performance meet the agreement, of keeping old systems running because of late delivery, and of establishing, preventing or limiting the damage.
3. 10.3Liability for death, injury or damage to property never exceeds €1,136,000 per event.
4. 10.4Struct4U is not liable for indirect damage, such as consequential loss, lost profit, missed savings or business interruption.
5. 10.5These limits don’t apply if the damage results from intent or gross negligence on Struct4U’s part.
6. 10.6–10.7Liability arises only after a prompt, detailed written notice of default with a reasonable period to put things right. Report any damage in writing as soon as possible.
7. 10.8You indemnify Struct4U against third-party product-liability claims about a product or system you supplied that included Struct4U’s software, unless you prove that the software caused the damage.

1. 11.1Neither party has to perform while prevented by force majeure, which includes a failure of one of Struct4U’s suppliers for which it is not to blame.
2. 11.2If force majeure lasts longer than 90 days, either party may dissolve the agreement in writing. What has already been performed is settled in proportion.
3. 12If you export equipment or software, you follow the applicable export rules and indemnify Struct4U against claims from breaches for which you are responsible.
4. 13.1Dutch law governs the agreements.
5. 13.2Disputes are settled by arbitration under the rules of the Stichting Geschillen Oplossing Automatisering (SGOA) in Wassenaar; its mini-trial rules also apply.

These articles apply when Struct4U provides services, such as advice, training, support or software development.

1. 14.1Struct4U carries out services with care and to the best of its ability, as agreed in writing where that applies.
2. 14.2–14.4Work in phases may wait for your written approval of the previous phase. Struct4U follows instructions only if that was agreed in writing, and may replace a person working on the service with someone equally qualified.
3. 15Extra work that you ask for or agree to is charged at Struct4U’s usual rates. Where a fixed price was agreed, Struct4U tells you the financial consequences in advance.
4. 16Overtime beyond the agreed hours per day (eight if nothing was agreed) is charged at 125% of the base rate for the first hour and 150% from the second; Saturdays at 175% and Sundays and public holidays at 225%.
5. 17Training can be invoiced in advance. Struct4U may combine or reschedule a training if the number of participants gives reason to.

These articles apply only when Struct4U develops software on your instructions.

1. 18The parties specify in writing what is developed and how. You are responsible for the correctness of the information you provide. You receive the right to use the software in your organisation; source code only if that is agreed in writing.
2. 19An agreed acceptance test lasts 14 days after delivery or installation. The software counts as accepted at delivery, after the test period or once reported errors are fixed, and in any case as soon as you use it productively.

These articles apply to all software Struct4U makes available, including new versions. They are the licence terms of the programs; the licence agreement page explains how they fit with each type of licence.

1. 20.1You receive a non-exclusive right to use the software, which means to load and run it. Keep to the usage limits that were agreed.
2. 20.2Use it only in your own business or organisation, on the processing unit and for the number and kind of users for which the right was granted. If nothing was agreed, that is the computer on which it was first used. During a breakdown you may use it on another computer.
3. 20.3The right of use is not transferable. You may not sell, rent out or sublicense the software, make it available to others, use it to process data for third parties (time-sharing) or change it other than to correct errors. You don’t receive the source code.
4. 20.4When the right of use ends, you return all copies, or destroy them if that was agreed and confirm it in writing.
5. 21Software is delivered on the agreed media. Without an agreed acceptance test, you accept it in the state it is in on delivery, subject to the warranty.
6. 22For three months after delivery or acceptance, Struct4U does its best to correct errors you report in writing and in detail. It does not guarantee that the software will work without interruption or errors, or that every error will be corrected. Repairs needed because of user errors, improper use or changes you made can be charged, and restoring lost data is not covered.
7. 23Where maintenance is agreed or included in the fee, report errors in detail; Struct4U tries to correct them or to improve later versions. Three months after an improved version is available, Struct4U no longer has to correct errors in, or support, the old version.
8. 24Where Struct4U supplies software from third parties and has told you so in writing, that party’s terms apply to it.

The terms of October 2022 don’t cover pay-per-use in detail. For pay-per-use credit, the following applies (confirmed in September 2026):

• Credit never expires.
• You pay at most €4,000 per computer per calendar year (1 January to 31 December), for all programs together.
• Pay-per-use includes every feature, the Premium ones too.
• Time is billed per minute. When the program sits unused for more than an hour, no credit is taken.

The rates are on the pricing page (price list October 2026).