Terms & Conditions
Terms and Conditions
1. Definitions
Throughout these Terms, the following definitions apply:
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Client: Any individual or organization engaging Dtyped for services or deliverables.
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Dtyped: The consulting and managed services provider delivering Databricks solutions, referred to as “Dtyped”.
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Services: All consulting, engineering, advisory, and managed service efforts performed by Dtyped on behalf of the Client, regardless of formal documentation.
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Engagement: Any contractual understanding—written or otherwise—between Dtyped and the Client that outlines deliverables, timeframes, pricing, and responsibilities.
2. Scope and Applicability
These Terms apply to all service offerings, contracts, proposals, and statements of work between Dtyped and the Client unless explicitly superseded by a signed agreement.
Where third parties are engaged by Dtyped to fulfill parts of the engagement, these Terms also apply to those activities. The Client’s own purchasing or contractual conditions are hereby rejected unless agreed to in writing.
In the event that one or more provisions of these Terms are declared invalid or unenforceable, the remaining provisions will remain in effect. A replacement clause will be negotiated that best matches the original intention.
3. Engagement Start and Duration
An engagement is considered valid upon receipt of a mutually agreed-upon contract or authorization, either via signed document or clearly confirmed electronic correspondence.
Unless explicitly defined with an end date, engagements are considered ongoing. Both parties may document and prove the existence of the agreement through reasonable evidence beyond a signed document.
4. Early Termination
Contracts are binding for the period indicated. Early termination is permissible only in cases of material breach or explicit termination rights outlined in the agreement.
If terminated early without just cause, the Client may be liable for cancellation fees and compensation for work already completed.
5. Client Obligations
The Client agrees to provide Dtyped with all necessary information, system access, and context required to perform services effectively.
It is the Client’s responsibility to proactively notify Dtyped of any relevant changes that may affect project planning, scope, or execution.
6. Onsite Work and Safety
If Dtyped personnel are required to work at the Client’s site, the Client must provide appropriate infrastructure and access at no charge, including desk space, equipment, and secure network access.
The Client holds responsibility for complying with health and safety regulations and shall indemnify Dtyped against any workplace incidents stemming from failure to do so.
7. Confidentiality
Both parties agree to treat all shared information as confidential unless disclosure is required by law or explicitly permitted in writing.
Dtyped will not use Client-provided data for purposes beyond the agreed engagement. Similarly, the Client may not distribute, publish, or reuse proposals, pricing, or deliverables prepared by Dtyped without prior written consent.
8. Intellectual Property
Unless otherwise agreed, all intellectual property created by Dtyped during the engagement, including code, documentation, frameworks, and tooling, remains the property of Dtyped.
Clients may use such materials only for their intended internal use and may not share or commercialize them without Dtyped’s permission.
9. Timelines
Service delivery timelines are estimates unless expressly stated as firm deadlines in the contract. Missed estimated timelines do not constitute grounds for default unless Dtyped has received formal notice and failed to remedy the delay within a reasonable period.
10. Fees and Invoicing
All payments are due within 30 calendar days of the invoice date unless stated otherwise in the contract. Invoices must be paid in full, without deduction or offset.
Late payments may incur interest charges of 1.5% per month, plus reasonable legal or collection fees incurred to recover the debt.
For joint engagements, all parties involved are collectively responsible for full payment.
11. Complaints and Disputes
Concerns about delivered services or charges must be submitted to Dtyped in writing within 30 days of the relevant invoice or service completion. Late complaints will not be considered.
Filing a complaint does not relieve the Client of their obligation to pay outstanding invoices on time.
12. Liability
Dtyped provides services based on best-effort commitments and does not guarantee specific outcomes unless explicitly stated.
Liability for any damages arising from errors, omissions, or negligence is limited to the amount billed to the Client in the past six months, with an absolute cap of EUR 25,000. This limit excludes liability for fraud or intentional misconduct.
Dtyped is not responsible for third-party software failures, misuse of tools outside of their intended purpose, or data loss resulting from external system configurations.
13. Right to Suspend
Dtyped reserves the right to pause all services if:
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Outstanding invoices remain unpaid,
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There is reasonable doubt about the Client’s ability or intention to fulfill contractual obligations.
Dtyped may also request additional assurances or security for continued service delivery. If these are not provided, services may be withheld or terminated.
14. Governing Law and Disputes
This agreement is governed by the laws of The Netherlands. All disputes arising from these Terms or associated services shall be brought before the courts of Rotterdam, unless otherwise required by law or agreed through arbitration or mediation.
15. Pricing and Adjustments
All prices are exclusive of VAT or other applicable taxes unless otherwise specified.
Dtyped reserves the right to revise its rates annually and will provide written notice of any adjustments at least 30 days prior to implementation.
16. Execution and Subcontracting
Unless specified otherwise in the agreement, Dtyped may assign any qualified personnel to the engagement and may subcontract work when appropriate, subject to the Client’s approval. These Terms will continue to apply regardless of whether work is performed internally or by third parties.
17. Proposals and Acceptance
All quotes or proposals issued by Dtyped are non-binding and valid for 30 days unless otherwise stated.
A contract is only formed once the Client accepts the proposal in writing or electronically. If the Client modifies the proposal during acceptance, Dtyped is not bound to the changes unless explicitly confirmed.
18. Contact
If you have any questions about these Terms, please contact us at: