1. Agreement Overview
These Terms of Service ('Terms') govern your use of services provided by ICT4MKB, operated by Sergen Ilhan ('we', 'us', 'our'). By engaging our services, you ('Client', 'you') agree to be bound by these Terms.
2. Services Provided
ICT4MKB provides the following Microsoft technology services:
2.1 Core Services
- Microsoft Office 365 implementation and management
- Microsoft Entra (Azure Active Directory) services
- Microsoft Intune device management
- Backup and disaster recovery solutions
- IT consulting and advisory services
- Technical support and maintenance
2.2 Service Delivery
- Services may be delivered remotely or on-site as agreed
- Project scope and deliverables will be defined in separate agreements
- We reserve the right to update our service offerings
3. Client Responsibilities
To ensure successful service delivery, you agree to:
- Provide accurate and complete information about your requirements
- Grant necessary access to systems and data for service delivery
- Cooperate with our team and respond promptly to requests
- Maintain valid Microsoft licenses as required for services
- Follow security guidelines and best practices we provide
- Backup critical data before any system changes
- Notify us immediately of any security incidents or concerns
4. Payment Terms
4.1 Pricing
- All prices are quoted in Euros (EUR) unless otherwise specified
- Prices are exclusive of VAT (BTW) which will be added as applicable
- Fixed-price projects require 50% advance payment
- Hourly services are billed monthly in arrears
4.2 Payment Schedule
- Invoices are payable within 30 days of issue date
- Late payments may incur interest charges of 1% per month
- Unpaid invoices may result in service suspension
4.3 Additional Costs
- Microsoft licensing costs are separate and billed directly by Microsoft or reseller
- Third-party software or services will be billed at cost plus 10% handling fee
- Travel expenses beyond 25km from our location are billable
5. Intellectual Property
5.1 Our IP
We retain ownership of all proprietary methodologies, tools, and documentation developed by us. You receive a non-exclusive license to use deliverables for your internal business purposes.
5.2 Your IP
You retain ownership of your data, business processes, and existing intellectual property. You grant us necessary licenses to perform our services.
5.3 Microsoft IP
All Microsoft products and services are subject to Microsoft's terms and conditions. We are not responsible for Microsoft licensing compliance.
6. Confidentiality
Both parties agree to maintain confidentiality of sensitive information:
- Business strategies, financial information, and technical data
- Customer lists, pricing, and proprietary processes
- Any information marked as confidential or reasonably considered sensitive
- Access credentials and security configurations
This obligation continues for 5 years after service termination.
7. Data Protection and Security
7.1 GDPR Compliance
We process personal data in accordance with GDPR and Dutch data protection laws. Our Privacy Policy details our data handling practices.
7.2 Security Measures
- Encrypted data transmission and storage
- Multi-factor authentication for system access
- Regular security assessments and updates
- Employee security training and background checks
7.3 Data Breach Response
In case of a security incident, we will notify you within 24 hours and work together on remediation and notification requirements.
8. Liability and Warranties
8.1 Service Warranty
We warrant that our services will be performed with professional skill and care consistent with industry standards.
8.2 Limitation of Liability
- Our liability is limited to the fees paid for the specific service that caused the damage
- We are not liable for indirect, consequential, or punitive damages
- We are not responsible for third-party software or service failures
- Force majeure events excuse performance delays or failures
8.3 Insurance
We maintain professional liability insurance covering our services. Coverage details are available upon request.
9. Service Level Agreements
9.1 Response Times
- Critical issues: 4 hours during business hours
- High priority: 8 hours during business hours
- Standard requests: 24 hours during business hours
- General inquiries: 48 hours during business hours
9.2 Business Hours
Monday to Friday, 9:00 AM to 5:00 PM Central European Time (CET/CEST), excluding Dutch public holidays.
9.3 Emergency Support
Emergency support outside business hours is available by prior arrangement at premium rates.
10. Termination
10.1 Termination Rights
Either party may terminate services with 30 days written notice. Immediate termination is allowed for:
- Material breach of these terms
- Non-payment of invoices beyond 60 days
- Insolvency or bankruptcy proceedings
- Violation of confidentiality obligations
10.2 Post-Termination
- All outstanding invoices become immediately due
- We will provide data export assistance for 30 days
- All access credentials will be revoked
- Confidentiality and IP obligations continue
11. Dispute Resolution
11.1 Informal Resolution
We encourage open communication and will work to resolve any concerns promptly and professionally.
11.2 Formal Disputes
Disputes that cannot be resolved informally will be subject to Dutch law and the jurisdiction of Dutch courts.
11.3 Mediation
Before litigation, parties agree to attempt resolution through mediation via the Netherlands Mediation Institute.
12. General Provisions
12.1 Governing Law
These Terms are governed by Dutch law and subject to Dutch court jurisdiction.
12.2 Entire Agreement
These Terms, together with any signed service agreements, constitute the complete agreement between parties.
12.3 Amendments
We may update these Terms with 30 days notice. Continued use of services constitutes acceptance of updated Terms.
12.4 Severability
If any provision is found invalid, the remaining Terms continue in full force and effect.
13. Contact Information
For questions about these Terms or our services:
- Email: info@ict4mkb.com
- Phone: +31 68 270 6090
- Business Hours: Monday-Friday, 9:00-17:00 CET
- Response Time: Within 24 hours