General Terms and Conditions

Introduction

Please find our General Terms and Conditions below. They apply whenever you conclude an agreement with us and contain important information for you as buyer. You should therefore carefully read the General Terms and Conditions. We also recommend that you save and print these General Terms and Conditions so that you can re-read them at a later point in time.

Article 1 Definitions
1.1 Cadac Group BV: with its registered office in Heerlen and registered with the Chamber of Commerce under registration number 66766052, also trading under the name Cadac Store. 
1.2 Website: the website of Cadac Group BV, can be consulted at www.cadac.store an under all associated sub-domains. 
1.3 Client: the natural or legal person, acting in a professional or business capacity, that concludes an Agreement with Cadac Group BV and/or has registered on the Website. 
1.4 Agreement: any arrangement or agreement between Cadac Group BV and the Client, of which agreement the General Terms and Conditions form an integral part. 
1.5 General Terms and Conditions: these General Terms and Conditions and the Nederland ICT Terms and Conditions of 2014, as published on https://www.cadac.com/lv/.
1.6 Licence Conditions: The conditions for using the products/services provided by Cadac Group BV.

Article 2 Scope of the General Terms and Conditions
2.1 These General Terms and Conditions apply to all the offers of, Agreements with and supplies by Cadac Group BV, unless expressly agreed otherwise in writing. 
2.2 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions will apply as well, whereby the Client can always invoke the applicable condition most favourable in its case if there should be any inconsistency between conditions.
2.3 In the case of conflicts between the conditions of this document and those of the Nederland ICT Terms and Conditions, this document will take precedence.
2.4 Licence conditions fall under the provisions of 2.3.

Article 3 Prices and information
3.1 The content of the Website has been compiled with the greatest possible care. However, Cadac Group BV cannot guarantee that all the information on the Website is correct and complete at all times. All prices and other information provided on the Website and in other material issued by Cadac Group BV are therefore subject to programming and typing errors. 
3.2 Some of the information about the products and services offered has come from third parties. Cadac Group BV cannot guarantee that all information is correct and/or up to date and it is therefore offered without any further guarantees. 

Article 4 Formation of the Agreement
4.1 The Agreement will be formed at the moment when the Client accepts Cadac Group BV’s offer and fulfils the conditions set by Cadac Group BV in that context. 
4.2 If the Client accepted the offer electronically, Cadac Group BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Client will be able to terminate the Agreement. Cadac Group BV reserves the right to withdraw the offer up to three (3) working days after the formation of the Agreement.
4.3 If it appears that the Client has given incorrect data, Cadac Group BV reserves the right to only fulfil its obligations once correct data has been received.
4.4 Cadac Group BV may, within the statutory parameters, investigate whether the Client is able to meet its payment obligations, as well as verify the facts and factors that are important to conclude the Agreement in a responsible manner. If, following this investigation, Cadac Group BV has good reason not to conclude the Agreement, it will be entitled to refuse an order or request, giving its reasons, or to attach conditions to the fulfilment of an order, such as payment in advance.
4.5 Cadac Group BV reserves the right to decline orders from clients that are not acting in a professional or business capacity.

Article 5 Registration 
5.1 To make optimum use of the Website, the Client must register via the account login facility on the Website.
5.2 At the time of the registration process, the Client chooses a user name and password with which it can log into the Website after registration. The Client is responsible for choosing a password that is sufficiently secure. 
5.3 The Client must keep its login details, user name and password strictly secret. Cadac Group BV is not liable for misuse of the login details and will always assume that a Client logging onto the Website is actually the Client. Any activities carried out through the account of the Client falls under the responsibility and risk of the Client. 
5.4 If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Cadac Group BV accordingly to allow Cadac Group BV to take appropriate measures.

Article 6 Implementation of Agreement 
6.1 Well before the Agreement is concluded, the manner in which delivery is to take place and the period within which this will be possible will be set out. 
6.2 Cadac Group BV can make (security) requirements for the manner in which products/services to be delivered are delivered and made available. Following the formation of the Agreement, the Client will receive further instructions on delivery. 
6.3 Cadac Group BV is authorised to engage third parties in the fulfilment of its obligations under the Agreement.

Article 7 Continuing performance contract
7.1 If the Client purchases a licence, the Client enters into an Agreement for a set period (continuing performance agreement). The duration of the continuing performance agreement is clearly stated in the ordering process.
7.2 At the end of the period of the continuing performance agreement stated in the ordering process, this continuing performance agreement will be renewed by tacit agreement. This means that the continuing performance agreement will be renewed unchanged for the same period. This automatic renewal can be avoided by amending the settings in the account at least 30 days before the renewal date.
7.3 The continuing performance agreement can be terminated by either party before the end of the period, subject to at least two (2) months’ notice. If the Client terminates the continuing performance agreement too late, Cadac Group BV will apply the cancellation to the new period and not terminate the continuing performance agreement until the end of this new period.
7.4 After termination, the Client will not have any further right to use the purchased products and services, unless otherwise agreed. 

Article 8 Payment 
8.1 The Client shall pay the amounts due to Cadac Group BV in accordance with the ordering procedure and any payment methods indicated on the Website. Cadac Group BV is free to offer any payment method of its choice and may change these methods at any time. In the event of payment after delivery, the Client will have a payment term of 14 days starting on the day after delivery.
8.2 In the case of a continuing performance, payment can be made by direct debit. The Client authorises Cadac Group BV to periodically collect certain amounts. 
8.3 If the Client fails to meet its payment obligation or obligations in time and, having been notified by Cadac Group BV that payment is overdue and offered a period of 14 days in which to meet its payment obligations, fails to effect payment within this 14-day period, the Client will owe interest at the statutory rate on the outstanding amount, and Cadac Group BV will be entitled to pass on the extrajudicial collection costs it has incurred to the Client. These collection costs will not exceed 15% on outstanding amounts up to EUR 2,500; 10% on the next EUR 2,500 and 5% on the next EUR 5,000, with a minimum of EUR 40. Cadac Group BV may deviate from the aforesaid amounts and percentages in the Client’s favour.

Article 9 Complaints Procedure
9.1 If the Client has a complaint about the service provided and/or other aspects of the services provided by Cadac Group BV, then it can submit a complaint to Cadac Group BV via the contact form given on the Website.
9.2 Cadac Group BV will respond to the complaint as soon as possible, and in any case within 5 days after having received the complaint. If it is not yet possible for Cadac Group BV to formulate a substantive response to the complaint by that time, Cadac Group BV will confirm receipt of the complaint within 5 days of having received it and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client’s complaint.

Article 10 Liability
10.1 The limitations of liability referred to in the Agreement cease to apply if, and insofar as the damage or loss is a consequence of an intentional act or wilful recklessness on the part of Cadac Group BV’s management.
10.2 Cadac Group BV delivers products/services the use of which is subject to Licence Conditions. The Client is responsible for complying with the Licence Conditions. Cadac Group BV will never be liable for damage or loss of any sort flowing from a failure to comply with the requirements set down in the Licence Conditions and the Client therefore indemnifies Cadac Group BV against any claims from third parties, including, but not limited to entitled parties and licence holders of the products/services provided by Cadac Group BV, claims from supervisory authorities and other third parties.

Article 11 Rental of hardware
11.1 In conformity with what has been specified in the Nederland ICT Terms and Conditions, the following applies to the rental of hardware.
11.2 The Client is not permitted to transfer, sub-let, pledge or otherwise encumber the hardware without the prior explicit and written approval of the supplier.
11.3 Cadac Group BV will ensure delivery by post of the hired hardware to the address specified by the Client within the Netherlands or Belgium. The risk of loss, theft or damage to the hardware passes to the Client upon delivery of the hardware to the agreed address by the supplier.
11.4 To the extent permissible under law, the parties agree that Sections 7:203 up to and including 7:211 of the Dutch Civil Code are excluded.
11.5 The risk of loss, theft or damage to the hardware remains with the Client (after delivery) for the entire hire period, regardless of the cause of the damage. The Client cannot claim force majeure within the meaning of Section 6:75 of the Dutch Civil Code to the Supplier in this context. In the case of loss, theft or damage to the hardware, the Client is obliged to immediately inform Cadac Group BV of this in writing. Cadac Group BV will endeavour in such a case to manufacture or replace the hardware (or have it manufactured or replaced) within a reasonable period of time.
11.6 The Client shall keep the hardware adequately insured against hazards including fire, water damage and theft for the term of the Agreement (at its own cost). The Client shall ensure that Cadac Group BV is included on any insurance taken out as a third-party beneficiary or co-insured party, as applicable. If this is not reasonably possible, the Client shall assign its claim to the respective insurer to Cadac Group BV. At the first request of Cadac Group BV, the Client shall submit copies of the policy for the insurance taken out and/or provide evidence of full and timely payment of the premium.
11.7 On expiry of the Agreement for the hire of hardware, the Client shall ensure that the hardware is returned to Cadac Group BV by post within 7 days. Cadac Group BV will send the instructions for shipping the hardware and bear the shipping costs, assuming that the hardware is returned to Cadac Group BV from Belgium or the Netherlands. 

Article 12 Personal data
12.1 Cadac Group BV will process the Client’s personal data in accordance with the privacy and cookie statement published on the Website.

Article 13 Final provisions
13.1 Dutch law applies to the Agreement. 
13.2 Insofar as not stipulated to the contrary by rules under imperative law, all disputes that may arise as a result of the Agreement shall be put before the competent Dutch court in the district in which Cadac Group BV is established. 
13.3 If one provision in these General Terms and Conditions becomes null and void, this will not affect the validity of the General Terms and Conditions as a whole. In this case, the Parties will define a new provision or provisions to replace the old one(s) that as far as possible under the law expresses the intention of the original provision.
13.4 The term “written" in these General Terms and Conditions shall also be understood to include communication by e-mail and fax, providing the identity of the sender and the integrity of the e-mail is sufficiently established.

Contact details
If, after reading these General Terms and Conditions, you have questions, complaints or comments, please contact us in writing, by telephone or using our contact form.

Cadac Group BV 
Nieuw Eyckholt 282
6419 DJ, Heerlen
Tel +31 088 9322 510
Chamber of Commerce 66766052 
VAT NL856689439B01

 

Appendix: General terms and conditions

Our Support Desk helps you get the most out of your software investment and avoid unexpected support costs charged to your overheads or problems that prevent you carrying out essential tasks or projects.

Support from the Support Desk

You can submit all technical support queries in relation to the applications supported by us online. This centralised system means that incoming support queries are effectively streamlined, support requests are handled quickly and efficiently with a response time of 2 hours in most cases, and you can see the status of your support request at all times.

Cadac Advanced Support

This unique support option consists of an annual Autodesk Subscription, e-learning, update training and unlimited access to our Support Desk for the application for which you purchased Cadac Advanced Support. In addition to the latest software updates and the other benefits of Autodesk Subscription, Cadac Advanced Support enables you to budget for your CAD overhead costs on an annual basis.

  • Your consent is required for remote support. All activities carried out remotely on your device or within your systems by or on behalf of Cadac Group are performed at your own cost and responsibility.
  • Cadac Group and the Support Desk do not give any guarantees in relation to the resolution of the reported problems and does not give any guarantees with respect to the term within which a solution for your problems will be proposed.

Cadac Consultancy

There may be occasions when our Support Desk is not able to offer a solution and your support request or problem requires a consultancy service. Cadac Group may provide this service on-site or remotely.

Rates
½ day rate *= € 650
Day rate* = € 1200**
Extra hours = € 170
Additional charge for emergency response < 12 hours = + 50%
* No rights may be derived from the rates shown. 
** € 100 reduction throughout the subscription term with automatic subscription renewal.

Weekend & bank holiday surcharge

An additional charge is added to of the basic rate for work carried out on a Saturday, Sunday or a bank holiday.

  • Saturdays basic rate x 150%
  • Sundays and bank holidays basic rate x 200%

Cadac Consultancy terms and conditions

  • The minimum purchase obligation for consultancy is 2 hours, provided remotely from Cadac Group BV. If a minimum of ½ day, work can be carried out either remotely or in situ.
  • The ½ day rate is inclusive of travel time and expenses and is based on max. 3½ working hours per day at your premises or max. 4 working hours at the Cadac Group premises.
  • The day rate is inclusive of travel time and expenses and is based on max. 7 working hours per day at your premises or max. 8 working hours at the Cadac Group premises.
  • The additional charge for emergency response applies from the moment we provide a consultant to resolve an urgent problem.
  • The response time is the period of time between the request for support on site and the consultant actually being on-site (time measured between 8:30 and 17.00).