Terms of Service
1. Parties and definitions
Provider: IT Cost Nipper Tools (“IT Cost Nipper”, “we”), registered with the Netherlands Chamber of Commerce (KvK).
| Chamber of Commerce (KvK) | 42166118 |
|---|---|
| VAT (BTW-id) | NL005550232B75 |
| Location | Almere, the Netherlands |
| support@itcostnipper.tools |
Client: the business, organisation or private individual that requests or accepts our services. Consumer: a Client who is a natural person not acting in the course of a business or profession. Assignment: any engagement, task, ticket or project agreed between Client and Provider. In writing includes email and our ticket system.
2. Scope and applicability
These Terms apply to all quotes, assignments and services of IT Cost Nipper. We work for both businesses and consumers. Where a Client is a Consumer, section 10 applies in addition, and it prevails over any other provision of these Terms. Nothing in these Terms limits the rights Consumers have under mandatory Dutch or EU law. The Client’s own purchasing or general terms do not apply unless we accept them explicitly in writing. Where a signed quote or statement of work conflicts with these Terms, the quote or statement of work prevails.
3. Services
We provide, among other things:
- Data-centre remote hands: racking and unracking, cabling and patching, diagnostics, component replacement (disks, memory, PSUs, NICs), RAID operations, fibre cleaning, labelling, inventory and server moves.
- Infrastructure builds: from-scratch deployments including servers, switches and out-of-band access, at colocation sites in the Netherlands.
- Hardware sourcing and setup: selecting, procuring, staging and installing equipment (e.g. Dell, Supermicro, Lenovo).
- Data recovery: recovery of data from failed RAID arrays, disks, file systems, volumes and virtualisation platforms, on site or remotely. Storage media only — no mobile phones or tablets (see section 8).
- Managed infrastructure: design, build-out, operation, maintenance and monitoring of the Client’s infrastructure under a separate service agreement (see section 9).
- IT advisory: architecture, systems analysis, cost optimisation, procurement and vendor advice, and project participation.
The service descriptions on our website are illustrative. The exact scope of each Assignment is what we agree in writing.
4. Quotes, orders and scheduling
Quotes are valid for 14 days unless stated otherwise. An Assignment is formed when we confirm a request in writing or start the work. Tasks are scheduled either for a fixed time slot or within an agreed window (for example “within 5 business days”). We will make every reasonable effort to be on site at the agreed time. We are not responsible for requests we have not confirmed, or for delays caused by the Client, the data centre or third parties.
Unless explicitly agreed as a fixed-price project, our obligations are best-efforts obligations (inspanningsverplichting), not an obligation to achieve a specific result.
5. Access, parts and client duties
The Client ensures, in time and at its own cost:
- for all work in a data centre: registration of our engineer and arranged entry to the data centre in advance (access lists, visitor or work permits, badges, escorts, and access to the relevant cage, suite and rack), confirmed to us in writing no later than one business day before the scheduled visit, or earlier where the data centre’s own procedures require it;
- availability of the required parts, credentials, remote console access and clear written instructions;
- non-standard tools and consumables, unless agreed that we supply them;
- current backups of all data and configuration affected by the work.
We do not start data-centre work until access has been confirmed. If our engineer is refused entry or has to wait because registration or access was not arranged in time, the visit is treated as a late cancellation (section 14) and all waiting time is billable. More generally, if work cannot start or be completed because of missing access, parts, information or instructions, the time spent (including travel) remains billable.
6. Rates and payment
| Hourly rate | € 95 per hour, billed in 15-minute increments; minimum 1 hour per visit |
|---|---|
| Out-of-hours | +100% between 20:00 and 08:00, on weekends and on Dutch public holidays |
| Travel | First 15 km from Almere free; then € 0.50 per km (one way). Travel time beyond 50 km is billable |
| Parking, tolls, access fees | Charged at cost |
| Heavy or two-person work | Items above 25 kg or requiring two engineers may require a second engineer at the same rate |
| Data recovery | Diagnosis: fixed fee of € 195, deducted from the recovery invoice if the Client proceeds. Recovery work: 1.5× the hourly rate, minimum 2 hours. Emergency start within 4 hours: +50%. See section 8 |
| Managed infrastructure | Quoted individually. Minimum fee € 1,500 per month excl. VAT, minimum term 6 months. See section 9 |
| Projects | Large jobs (e.g. 20+ servers, multiple racks, full recabling) and advisory work are quoted separately, per day or fixed price |
All prices are in euros and exclude VAT (21%) unless stated otherwise; prices for Consumers are quoted including VAT. Invoices are payable within 14 days of the invoice date. We may require prepayment for new clients, urgent jobs or hardware purchases.
If payment is late, the Client is in default without further notice and owes statutory commercial interest (wettelijke handelsrente, art. 6:119a Dutch Civil Code) plus extrajudicial collection costs in accordance with the Dutch statutory scale. We may suspend services while invoices are overdue.
7. Hardware sourcing
Hardware we supply remains our property until it has been paid in full (retention of title). Risk passes to the Client on delivery to the agreed site. Manufacturer and distributor warranties are passed on to the Client; we provide no warranty beyond them, but will assist with RMA handling at our normal rates. Lead times given are estimates based on supplier information.
8. Data recovery
Scope. We recover data exclusively from storage media and storage systems: hard disk drives, SSDs, RAID arrays, server storage, NAS/SAN systems and the file systems and volumes on them. We do not recover data from mobile phones, tablets, smartwatches or other mobile devices, nor from their built-in memory or SIM cards.
No guaranteed result. Data recovery depends on the condition of the media and on events before our involvement. We perform recovery on a best-efforts basis and cannot guarantee that any or all data will be recovered, or that recovered data is complete, consistent or usable. Diagnosis and time spent are billable whatever the outcome, unless a “no data, no fee” arrangement is agreed in writing in advance.
Authority. The Client confirms that it owns the data and media or is authorised to have them recovered, and indemnifies us against third-party claims in this respect.
Method and risk. Before starting we explain the proposed approach and its risks. Recovery attempts can cause further degradation of already failing media; we are not liable for this when working as agreed. Where possible we first make a sector-level image and work on the copy. The Client must stop all writes to affected systems as soon as a failure is noticed. Physical recovery requiring a cleanroom is outside our scope; on request we arrange it through a specialised laboratory at that laboratory’s prices plus handling.
Delivery and deletion. Recovered data is delivered on media supplied by the Client or charged at cost. We delete all images and copies 30 days after delivery, unless agreed otherwise in writing. Recovered data may contain personal data; for this work we act as processor (see section 18).
9. Managed infrastructure and monitoring
Building out, operating, maintaining and monitoring the Client’s infrastructure on an ongoing basis is provided only under a separate written service agreement. That agreement sets out the scope, the systems covered, monitoring hours, response and resolution times (SLA), escalation, on-call arrangements and the monthly fee.
We accept managed engagements from a minimum fee of € 1,500 per month (excl. VAT) and a minimum term of 6 months. After the minimum term the agreement continues month to month and can be terminated by either party with one calendar month’s notice. Initial onboarding, audit and build-out work is quoted separately. Work outside the agreed scope is billed at the rates in section 6.
Unless an SLA explicitly states otherwise, monitoring and incident response are best efforts and response times are targets, not guarantees. These Terms apply to managed engagements insofar as the service agreement does not deviate from them.
10. Additional terms for Consumers
If the Client is a Consumer, the following applies in addition to, and in place of any conflicting part of, the other sections:
- Prices. All prices quoted to Consumers include VAT. Before an Assignment starts we tell the Consumer the expected costs, or how they will be calculated, and we ask for approval before exceeding an agreed estimate.
- Right of withdrawal. For Assignments agreed at a distance (online, by email or phone) or away from our premises, the Consumer may withdraw within 14 days after the contract is concluded, without giving reasons, by notifying us by email. If the Consumer explicitly asks us to start work within that period (for example an urgent data-recovery job), the Consumer pays for the work performed until the withdrawal, and the right of withdrawal lapses once the work has been fully performed with the Consumer’s prior express consent and acknowledgement that the right would be lost. Hardware ordered specifically to the Consumer’s specification cannot be returned.
- Prepayment. For the purchase of hardware, a Consumer is never required to prepay more than 50% of the price.
- Late payment. Instead of commercial interest, statutory interest (wettelijke rente, art. 6:119 Dutch Civil Code) applies. Extrajudicial collection costs are charged only after a written reminder giving the Consumer at least 14 days to pay, and are limited to the statutory maximum.
- Hardware. In addition to manufacturer warranties, the Consumer has the statutory rights for goods that do not conform to the contract (conformiteit).
- Liability. The limitations in section 13 apply to Consumers only to the extent permitted by law; they do not limit liability for death or personal injury.
- Complaints. Complaints about our work should be reported within a reasonable time after the Consumer discovered the problem. Reporting within two months is always in time.
- Disputes. The Consumer may bring a dispute before the court that is competent by law, and is not bound by the choice of court in section 19.
- Changes. If a change to these Terms is to the Consumer’s disadvantage, the Consumer may terminate an ongoing Assignment on the date the change takes effect.
11. Deliverables and intellectual property
After full payment, the Client receives the right to use reports, designs, documentation, scripts and code created specifically for it, for its own business purposes. Unless agreed otherwise in writing, we retain ownership of pre-existing know-how, generic tools, templates and reusable components, and may reuse general, non-confidential knowledge gained during an Assignment. Where an Assignment explicitly includes transfer of intellectual property rights, this is recorded in the quote or statement of work.
12. Confidentiality
Both parties keep confidential all non-public information received from the other, including network layouts, credentials, customer data and pricing, and use it only for the Assignment. This duty continues for 3 years after the Assignment ends. On request we sign the Client’s reasonable NDA or data-centre security rules.
13. Liability
Our total liability per Assignment is limited to the amount invoiced for that Assignment, and for ongoing engagements to the amount invoiced in the 3 months before the event causing the damage. In any case it will not exceed the amount paid out by our professional liability insurance, if any.
We are not liable for indirect or consequential damage, including lost profit, lost revenue, downtime, loss or corruption of data, or damage caused by hardware, firmware or software defects, by third parties, or by following the Client’s instructions. We report observable issues (for example damaged cables, missing components or POST errors), but hidden defects and software-level problems are outside the scope of physical work.
These limitations do not apply to damage caused by our intent or deliberate recklessness (opzet of bewuste roekeloosheid). Claims must be reported in writing within 30 days after the Client discovered, or reasonably could have discovered, the damage.
14. Cancellation and termination
Scheduled visits can be cancelled free of charge up to 24 hours before the agreed start. Later cancellation, or a visit where our engineer is refused access, is billed at the 1-hour minimum plus travel. Hardware ordered on the Client’s behalf cannot be cancelled once ordered with the supplier. Either party may terminate an Assignment with immediate effect if the other party materially breaches these Terms and does not remedy the breach within 14 days after written notice, or becomes insolvent. Work performed until termination remains payable.
15. Force majeure
We are not liable for failure or delay caused by circumstances beyond our reasonable control, including extreme weather, traffic accidents and road closures, public-transport strikes, illness, supplier delays, power or network outages, and access restrictions or closures imposed by the data centre.
16. Photos and reports
We may take photos or short videos of the work area and equipment where needed for reporting or where agreed, always within data-centre photography rules. They are shared only with the Client. We will never publish them (for example in a portfolio) without the Client’s separate written approval, and will redact labels, serial numbers and other sensitive details.
17. Subcontracting
We may engage qualified colleagues or subcontractors to perform (part of) an Assignment. We remain fully responsible towards the Client for their work and bind them to the same confidentiality obligations.
18. Privacy
We process personal data in accordance with the GDPR (AVG). Details are in our Privacy Policy. Where we process personal data on the Client’s behalf, the parties will enter into a data processing agreement on request.
19. Governing law and disputes
These Terms and all Assignments are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Disputes are submitted exclusively to the competent court of the District Court of Midden-Nederland (Rechtbank Midden-Nederland), location Lelystad, unless mandatory law provides otherwise. The parties will first try to resolve any dispute through consultation.
20. Changes to these Terms
We may update these Terms. Changes take effect 14 days after publication on this page, and apply to Assignments agreed after that date. Assignments already in progress remain under the version in force when they were agreed, unless the Client agrees otherwise. The English text is the binding version; translations are provided for convenience only.