Terms and Conditions

1.1 Trydent: Trydent, a sole proprietorship established under Dutch law, having its principal place of business in the Netherlands, Chamber of Commerce number (KvK: 98292609), represented by Yvan de Wert.

1.2 Client: any natural or legal person who enters into an agreement with Trydent for the provision of Services.

1.3 Services: all software development, web applications, mobile applications, AI/ML solutions, cloud architecture, technical consultancy, maintenance, support, training, and related professional services provided by Trydent.

1.4 Agreement: the contract between Trydent and Client, including these terms and conditions, quotations, order confirmations, and any written amendments.

1.5 Deliverables: all software, documentation, reports, source code, and other materials created or provided by Trydent.

1.6 Personal Data: any information relating to an identified or identifiable natural person as defined by GDPR.

1.7 These terms apply to all quotations, offers, order confirmations, agreements, and invoices, unless expressly agreed otherwise in writing and signed by both parties.

2.1 Quotations are without obligation, unless otherwise indicated. Trydent may revoke these within 2 working days, unless otherwise agreed in writing.

2.2 The agreement is concluded after the Client returns an order confirmation or written approval is given on the quotation—or when Trydent commences execution.

2.3 Deviations from these terms only apply if confirmed in writing and explicitly by Trydent.

3.1 Adjustments in scope or functionality (additional work) are communicated in writing and may lead to changes in planning and rates. Trydent reports additional work in advance.

3.2 If the Client does not object in writing within 5 working days after notification, the additional work is deemed to have been accepted.

4.1 All prices and rates are exclusive of VAT and other applicable taxes, unless otherwise stated. VAT will be added to invoices where applicable.

4.2 Payment terms are Net 30 days from invoice date, unless otherwise agreed in writing. All payments must be made in Euros (EUR) unless otherwise specified.

4.3 Invoices will be sent electronically to the email address provided by Client. These invoices are legally valid for all business purposes including tax filings and accounting requirements.

4.4 Late Payment: In case of payment after the due date, Trydent is entitled to charge statutory interest (currently 8% above the European Central Bank rate for the eurozone) and collection costs as permitted by Dutch law.

4.5 Dispute of Invoice: Any disputed amounts on an invoice must be reported in writing within 10 business days of receipt. Undisputed portions must be paid by the original due date.

4.6 Suspension of Services: Trydent may suspend all services and deliverables if payment is more than 15 days overdue, without prejudice to other remedies available.

4.7 Payment Methods: Accepted payment methods include bank transfer, SEPA payments, and other methods as agreed. Credit terms may require credit approval.

5.1 Trydent retains ownership of delivered goods, software and deliverables until full payment is received.

6.1 All intellectual property rights in custom-developed software and deliverables shall transfer to Client upon full payment, except for pre-existing components, open-source software, and Trydent's proprietary tools/frameworks.

6.2 Trydent retains ownership of its pre-existing intellectual property, development methodologies, general know-how, and reusable components that are not specific to Client's project.

6.3 Client grants Trydent the right to use the project as a reference and include it in portfolios, case studies, and marketing materials, unless confidentiality restrictions apply.

6.4 Source code will be provided to Client upon final payment completion. Trydent may retain a backup copy for support purposes.

6.5 Client is responsible for maintaining appropriate source code backups and version control after project delivery.

7.1 Parties are obliged to treat all confidential information strictly confidentially, unless legally required otherwise.

8.1 Professional Standards: Trydent shall perform all Services with reasonable skill and care in accordance with generally accepted industry standards and practices for software development.

8.2 Quality Assurance: All deliverables will undergo appropriate testing and quality assurance procedures. However, Client acknowledges that software development involves inherent complexities and that no software is completely free from defects.

8.3 LIMITED WARRANTY: Trydent warrants that Services will substantially conform to agreed specifications for 90 days from acceptance. This warranty is void if Client modifies deliverables or uses them outside agreed parameters.

8.4 DISCLAIMER: Except as expressly stated herein, all Services are provided 'AS IS' without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

8.5 LIMITATION OF LIABILITY: Trydent's total liability for any claim arising from or relating to this Agreement shall not exceed the total amount paid by Client in the 12 months preceding the claim, with an absolute maximum of €100,000 per incident.

8.6 EXCLUDED DAMAGES: IN NO EVENT SHALL TRYDENT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to lost profits, data loss, business interruption, loss of business opportunities, or third-party claims.

8.7 Professional Indemnity: Trydent maintains professional indemnity insurance of €1,000,000 covering errors and omissions in professional services.

8.8 Data Security: Trydent implements industry-standard security measures but Client remains responsible for their own data backups and security protocols.

8.9 Notification of Claims: Client must notify Trydent in writing of any claim within 30 days of discovery. Claims not brought within 12 months of discovery are forever barred.

8.10 Exceptions: Nothing in this clause limits liability for death, personal injury, fraud, willful misconduct, or gross negligence.

9.1 Neither party is liable for non-performance due to circumstances beyond the control of parties (e.g. illness, internet outages, government measures, etc.).

9.2 Force majeure leads to suspension of obligations until the end of the circumstances, without right to compensation.

10.1 The agreement runs as described in the order confirmation.

10.2 In case of material breach by a party, the other party may terminate the agreement after written notice of default and reasonable remedy period.

11.1 Trydent reserves the right to modify these terms. Changes take effect after 30 days, unless written objection is made within that period.

12.1 Dutch law applies to all agreements.

12.2 Disputes are submitted to the competent court in the Netherlands, unless parties jointly agree otherwise.

13.1 Both parties commit to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and Dutch data protection legislation.

13.2 If Trydent processes personal data on behalf of Client, a separate Data Processing Agreement (DPA) will be executed detailing specific obligations, security measures, and data subject rights procedures.

13.3 Client warrants that any personal data provided has been obtained lawfully and that necessary consents for processing have been secured.

13.4 Trydent implements appropriate technical and organizational measures to ensure data security, including encryption, access controls, and regular security assessments.

13.5 Any data breach will be reported to the relevant party within 72 hours of discovery, along with mitigation measures taken.

14.1 Deliverables shall be deemed accepted if Client does not provide written rejection within 10 business days of delivery, specifying the reasons for rejection.

14.2 Rejection must be based on material non-conformity with agreed specifications. Minor bugs or cosmetic issues do not constitute grounds for rejection.

14.3 If rejected, Trydent will remedy the non-conformity within a reasonable timeframe at no additional cost, provided the issue falls within the agreed scope.

14.4 Client is responsible for providing timely feedback, test data, and access to systems necessary for testing and deployment.

14.5 Final acceptance triggers the warranty period and payment obligations for the relevant deliverable.

15.1 Trydent warrants that deliverables will substantially conform to agreed specifications for 90 days from acceptance (warranty period).

15.2 Warranty covers correction of reproducible bugs that prevent core functionality. It does not cover issues caused by Client modifications, third-party software, or changed requirements.

15.3 Post-warranty support and maintenance require a separate agreement with defined scope, response times, and fees.

15.4 Trydent is not responsible for compatibility with future versions of third-party software, operating systems, or platforms unless specifically agreed.

16.1 Either party may terminate the agreement with 30 days written notice for convenience, subject to payment for work completed up to the termination date.

16.2 Either party may terminate immediately for material breach if the breach is not cured within 15 days of written notice.

16.3 Upon termination, Client shall pay all outstanding invoices and Trydent will deliver all work completed up to the termination date.

16.4 Termination does not affect rights and obligations that accrued prior to termination or clauses that by their nature should survive termination.

16.5 No refunds are provided for work completed and accepted, except in cases of material breach by Trydent.

17.1 Client agrees to indemnify Trydent against claims arising from: (a) Client's breach of this Agreement; (b) Client's violation of applicable laws; (c) Client's misuse of deliverables; (d) content provided by Client.

17.2 Trydent will indemnify Client against claims that deliverables infringe third-party intellectual property rights, provided Client promptly notifies Trydent and allows Trydent to control the defense.

17.3 Trydent's indemnification obligations are limited to obtaining necessary licenses, modifying deliverables to avoid infringement, or refunding fees paid for infringing components.

18.1 Business Continuity: In the unlikely event of business discontinuation, Trydent will provide 90 days' notice and assist with transition of services to another provider.

18.2 Succession Rights: These terms bind and benefit the successors, assigns, and legal representatives of both parties.

18.3 Key Person Risk: While Trydent is a sole proprietorship, appropriate documentation and handover procedures minimize dependency on individual availability.