These terms and conditions are short and we believe they are fair to StarterSquad and its clients. Read them carefully, it won't take much of your time.
StarterSquad ≡ trade name of legal entity Iwein Fuld
Client, the client ≡ persons or legal entities benefiting from software development work done by StarterSquad
These terms shall apply to all agreements made by StarterSquad and its clients, whether based on a signed contract, or otherwise. Changes in these terms are only applicable if agreed in writing.
The client will pay weekly invoices promptly or in advance. Invoices will relate only to spent StarterSquad capacity, not to the clients business success or chances thereof.
Invoices will never be higher than the budget set for the week they apply to. Each week the current progress will be reviewed; this review includes a demonstration of working software. After the review, the client will be presented with the invoice for that week, when accepted, a new capacity will be agreed with the client and work for the next week can continue. At the review, this contract is immediately cancellable, upon which no future work will be performed, nor charged for.
StarterSquad reserves the right to stop the work at any time without forfeiting the invoiced amounts of completed and reviewed weeks of work. StarterSquad might invoke such right for example when the amount of unpaid invoices exceeds an amount that StarterSquad deems too risky. To avoid such a case the client can deposit a retainer of at least the desired capacity. This retainer will be held as a security and will be reimbursed immediately at the termination of the contract when all invoices have been payed.
StarterSquad will not be liable for any risk of the client related to the delivered work.
In no event will StarterSquad be liable to client for any lost profits, lost savings or incidental, indirect, special or consequential damages arising out of your use or inability to use our product or the breach of this agreement, even if advised of the possibility of such damages. If for any reason this exclusion of liability does not apply to client, liability will be limited by the amount covered by StarterSquads liability insurance. If StarterSquad's liability insurance doesn't apply liability wil be limited to twice the amount of Eur 10.000,--. Claims for damages shall expire after a period of one year from the day following the day on which the client became aware of the damages and of StarterSquad as the liable party.
All work by StarterSquad paid for by the client is the property of the client. StarterSquad has the right to keep the intellectual property and copyright of any work that has been developed by StarterSquad, but not paid for by the client, unless it is directly and obviously competitive to the clients business, or in breach of an NDA.
Reusable software may be open sourced, if there are no adverse effects for the client or StarterSquad StarterSquad will support open sourcing software that has been applied by StarterSquad on a clients project, also if it was not payed for by the client and developed and owned by StarterSquad. The client will support open sourcing software that is not competitive to its business, even if StarterSquad has applied it in one of the clients projects.
The relationship between StarterSquad and its clients shall be governed by Dutch law. The District Court of Rotterdam shall have exclusive jurisdiction over any dispute arising between StarterSquad and a client.