Terms and conditions

This English translation is provided for convenience. The Dutch version is legally binding.

Version 1.0 — 16 January 2026

These terms and conditions apply to the use of the Digital WorkMate online platform, a product of Damen IT, and all related services.

Article 1 – Definitions

Damen IT
The provider of the Digital WorkMate online platform.
Digital WorkMate
The online platform offered by Damen IT.
Customer
Any natural or legal person entering into an agreement with Damen IT.
Service
The online platform, including subscriptions, modules, updates, support and additional services.
Agreement
The agreement between Damen IT and Customer regarding the use of the Service.
User
Any natural person who has access to the Service on behalf of Customer.

Article 2 – Applicability

  • These terms apply to all offers, agreements and legal relationships between Damen IT and Customer.
  • Deviations are only valid if agreed in writing.
  • The applicability of Customer's general terms and conditions is expressly excluded.

Article 3 – Formation of the agreement

  • The agreement is formed by online registration, written confirmation or acceptance of a quotation.
  • Damen IT is entitled to refuse a request without stating reasons.

Article 4 – Subscriptions and use

  • The Service is provided on the basis of a subscription with an agreed term.
  • The subscription gives Customer a non-exclusive, non-transferable right to use the Service.
  • Customer is responsible for the use of the Service by Users.
  • It is not permitted to rent out, resell or make the Service available to third parties without the prior written consent of Damen IT.

Article 5 – Availability and maintenance

  • Damen IT strives for high availability, but cannot guarantee uninterrupted access.
  • Maintenance may temporarily result in limited availability.
  • Damen IT is entitled to change or improve the functionality of the Service.

Article 6 – Support

  • Support is provided according to the agreed support level.
  • Damen IT may prioritise support requests.

Article 7 – Fees and payment

  • All prices exclude VAT.
  • Subscription fees are invoiced in advance, unless agreed otherwise.
  • Payment must be made within 30 days of the invoice date.

Article 8 – Liability

  • The liability of Damen IT is limited to the amount paid by Customer in the twelve months preceding the event causing the damage.
  • Damen IT is not liable for consequential damage, including lost profit, data loss or business interruption.

Article 9 – Intellectual property

  • All intellectual property rights to the Service are vested in Damen IT.
  • Customer only obtains a right of use as described in these terms.

Article 10 – Termination

  • Both parties may terminate the agreement subject to the agreed notice period.
  • Damen IT is entitled to terminate the agreement with immediate effect in case of misuse or non-payment.

Article 11 – Applicable law and competent court

  • This agreement is governed by Dutch law.
  • Disputes are submitted exclusively to the competent court in the Netherlands.

Article 12 – Data, privacy and GDPR

  • Damen IT only processes personal data on behalf of Customer and in accordance with the GDPR.
  • A separate data processing agreement forms an integral part of the agreement.
  • Customer remains the owner and controller of all data stored in Digital WorkMate.
  • Damen IT takes appropriate technical and organisational measures to secure data.

Article 13 – Availability (SLA outline)

  • Damen IT aims for an annual availability of at least 99.5%.
  • Planned maintenance is announced in advance where possible.
  • Outages are handled according to the agreed support level.

Article 14 – Backups and data export

  • Damen IT regularly makes backups of production data.
  • On termination of the agreement, Customer can export its data in a common format.
  • After termination, data is deleted after a reasonable period, unless a statutory retention obligation applies.

Article 15 – Fair use and misuse

  • Customer will use the Service within reasonable usage limits.
  • Excessive use, misuse or security risks entitle Damen IT to temporarily restrict access.

Article 16 – Changes to the terms

  • Damen IT may change these terms.
  • Changes are announced at least 30 days in advance.

Article 17 – Final provisions

  • If a provision is void or voidable, the remaining provisions remain in full force.
  • These terms have been drawn up for use by Damen IT and may not be reused by third parties.