Liability Statement.

1. Applicability

This liability statement applies to all offers, agreements, assignments and (digital) services of NextOps B.V., established in 's-Gravenzande, registered with the Dutch Chamber of Commerce. The statement forms an inseparable whole with our general terms and conditions.

2. Nature of our services

NextOps B.V. provides IT services in the field of managed IT, security, projects, consultancy, IT staffing and procurement. Unless expressly agreed otherwise in writing, our obligations are best-efforts obligations and not obligations of result.

3. Limitation of liability

NextOps B.V. is only liable for direct damages that are the direct and demonstrable result of an attributable failure to fulfil its obligations or of a tortious act. Any liability is limited, per event — whereby a series of related events is deemed to constitute a single event — to the amount paid out in the relevant case under our professional or business liability insurance, increased by the applicable deductible.

If, for whatever reason, no payment is made under the insurance, liability is limited to a maximum of the amount invoiced by NextOps B.V. to the client for the work to which the damage relates, with a maximum of the amount actually invoiced and paid in the twelve (12) months preceding the event causing the damage.

4. Exclusion of indirect damages

Liability of NextOps B.V. for indirect damages is excluded. Indirect damages include, among other things: consequential damages, loss of profit, missed savings, reduced goodwill, damage due to business interruption, loss or corruption of data, damage due to third-party claims, and non-material damages.

5. Force majeure

NextOps B.V. is not liable for damage resulting from force majeure within the meaning of Article 6:75 of the Dutch Civil Code. Force majeure includes, among other things: disruptions or failures of internet, telecommunications or cloud infrastructure, cyberattacks, supplier failures, strikes, pandemics, government measures, and all external causes that could not reasonably have been foreseen or avoided.

6. Exceptions

The limitations and exclusions in this statement do not apply to damage resulting from intent or deliberate recklessness on the part of NextOps B.V. or its senior subordinates, nor to damage insofar as mandatory statutory provisions — including liability for product defects (Article 6:185 et seq. of the Dutch Civil Code) and personal injury — do not permit a limitation or exclusion.

7. Liability for third parties and suppliers

In carrying out assignments, third parties, suppliers and (sub)processors may be engaged. NextOps B.V. is not liable for shortcomings of these third parties, except insofar as the choice of the relevant third party is attributable to gross negligence on the part of NextOps B.V.. The general terms, licenses and liability provisions of manufacturers and suppliers (such as Microsoft, Cisco and Fortinet) remain fully applicable.

8. Indemnification

The client indemnifies NextOps B.V. against all claims by third parties — expressly including employees and customers of the client — that relate to or arise from the work performed by NextOps B.V., except insofar as such claims result from intent or deliberate recklessness on the part of NextOps B.V..

9. Limitation period

Any claim for damages against NextOps B.V. lapses by the mere expiry of twelve (12) months after the claim arose, unless legal proceedings have been instituted before the expiry of this period.

10. Insurance

NextOps B.V. holds appropriate professional and business liability insurance. Information about the coverage and insured amounts is provided upon the client's request.

11. Applicable law and competent court

This liability statement and all disputes arising from it are governed exclusively by Dutch law. Disputes shall be submitted exclusively to the competent court of the District Court of The Hague, unless mandatory law provides otherwise.

12. Contact

Questions about this liability statement or a notification of damage can be addressed to: NextOps B.V., Nobelstraat 15 BU6, 2693 BC ’s-Gravenzande, the Netherlands, email legal@nextops.nl.