Driven by People. Defined by Experience. Delivered through Operations. Measured by Results.
Version: 1.0 · Date: 3 October 2025
PEXOR is a trade name of Empower 365 B.V. · Chamber of Commerce: 89464079 · VAT: NL864990091B01 · Email: info@pexor.nl
This is an English translation for convenience. In case of any discrepancy, the Dutch version prevails.
These terms apply to all services and agreements between PEXOR and business clients. Consumers have additional statutory rights.
PEXOR: trade name of Empower 365 B.V. or an affiliated entity. Client: the legal entity or sole proprietorship purchasing services or products. Services: consultancy, strategy, change management, adoption, security, management, support, workshops and training. Agreement: the arrangement between PEXOR and Client, laid down in a quotation or engagement confirmation.
These terms apply to all quotations, engagements and agreements. Deviations are only valid if confirmed in writing. Client's own terms are expressly rejected.
Quotations are without obligation until the date stated in them. An agreement is concluded upon written acceptance or as soon as PEXOR starts work with Client's consent. Obvious errors do not bind PEXOR.
PEXOR performs services on a best-efforts basis, unless a result has been agreed in writing. Client provides timely and correct information, access and cooperation. If this is lacking, PEXOR may suspend work and charge the resulting costs.
Changes to scope or planning are recorded in writing. Additional work is performed at the rates applicable at that time.
Rates exclude VAT and levies. Travel time, travel expenses and other costs are charged separately. PEXOR may index rates annually and adjust them when market conditions change.
Invoicing takes place monthly or as stated in the engagement confirmation. Payment is due within 14 days of the invoice date. In case of late payment, statutory interest and collection costs are due and PEXOR may suspend work.
Stated deadlines are targets, unless recorded in writing as strict deadlines. Delays caused by Client or third parties automatically extend deadlines.
Deliverables are deemed accepted if Client does not object in writing within 10 working days. Use in production counts as acceptance.
All rights to materials and advice developed by PEXOR remain with PEXOR or its licensors. Client receives a non-exclusive, non-transferable right of use for internal purposes.
Both parties keep confidential information secret and use it only to perform the agreement. This obligation continues after termination.
Where needed, the parties conclude a data processing agreement in accordance with the GDPR for processing personal data. Client remains the data controller.
PEXOR is only liable for direct damage caused by an attributable failure, up to a maximum of the amount invoiced over the last three months, with an absolute maximum of €50,000. PEXOR is not liable for indirect damage such as consequential loss, data loss or lost profit.
In case of force majeure, PEXOR is not obliged to fulfil its obligations. Examples: supplier outages, network failures, staff illness, strikes or government measures. If force majeure lasts longer than 60 days, the agreement may be terminated in writing.
The agreement runs for the term stated in the engagement confirmation. Either party may terminate the agreement immediately in case of material breach or bankruptcy. Upon termination, Client pays all costs incurred up to that point.
Client may not employ PEXOR staff during the engagement and for 12 months afterwards, unless agreed in writing. A breach incurs a penalty of three monthly salaries or three times the monthly invoice.
These terms are governed by Dutch law. Disputes are settled by the competent court in the Northern Netherlands, unless mandatory law provides otherwise.
If a provision is void or annulled, the remaining provisions remain in force. The parties will replace the invalid provision with one that matches its purpose and intent as closely as possible.
