Terms and conditions

Roek IT is run jointly by Daniël Roek and Kirsten Roek. We share communication, delivery, decision-making and day-to-day responsibility for our products and services. We agree the division of work between us according to what is needed, and it can vary by subject and over time.

Roek IT, we and us refer in these terms to the business through which we work together. The legal contracting party is Daniël Roek, trading as Roek IT, a Dutch sole proprietorship based in Enschede and registered with the Dutch Chamber of Commerce (KvK) under number 85105899. Our business email is info@roek.dev.

Client means the person or organisation entering into an agreement with Roek IT. You and your refer to that client.

A consumer acts outside their trade, business or profession, for example a parent purchasing an app subscription for personal use. A business client acts for their trade, business or profession, for example a self-employed person commissioning software or an organisation purchasing advice.

A service may be a digital product, subscription, development engagement, advice or support. The agreement consists of the arrangements for that service and the terms accepted with them.

These terms apply when incorporated into an offer or agreement. Visiting the website or contacting us about a possible project, partnership, supply arrangement or investment does not by itself create an agreement under these terms. That contact does not automatically make a supplier or investor a client.

Individual written agreements take priority if they differ from these terms. Product terms may contain additional rules and take priority on the particular subject they address differently. The applicable terms are made available in a form you can retain.

Mandatory consumer rights always apply. These include the right to a product or service that meets the agreement and statutory remedies for a defect.

An offer describes the service, price and relevant assumptions. Specific arrangements about timing, scope, delivery, maintenance and duration appear in the offer or product information.

An agreement is formed by acceptance of a sufficiently clear offer. This can also happen by email. We start paid work only when the work and charges have been agreed. Obvious errors in an offer are corrected as soon as possible; an error cannot be relied upon where it was reasonably clear that a mistake had been made.

We perform our work with care, professional skill and attention to its agreed use. Research, design, development and review focus on useful, reliable results. We consider quality, accessibility, privacy and security.

Our work is subject to an obligation to exercise reasonable skill and care unless a specific result is agreed or the law provides otherwise. This does not displace agreed features, quality requirements or statutory conformity rights. Software can contain errors or experience interruptions; completely error-free or uninterrupted operation is not a general guarantee.

A schedule is an estimate unless a binding deadline is agreed or follows from the law. If a material delay occurs, we discuss the consequences and next steps.

An engagement requires relevant information, materials, access and decisions in good time. You can expect us to explain what is needed. Please tell us about special requirements or known restrictions beforehand, for example concerning confidentiality, accessibility or the environment in which the result must work.

New requests or changed assumptions may affect the price and schedule. We discuss this before carrying out additional paid work. Necessary urgent measures to limit damage or a security risk may be taken only within the agreed arrangements.

After delivery, you have a reasonable opportunity to review the result. Please report a problem with enough information for us to investigate. If we are responsible for a defect, we provide an appropriate remedy within a reasonable time. This does not restrict statutory rights.

We may use several AI and other tools for research, programming, initial or partial content, translation, testing and quality checks. They also support efficient delivery. The choice depends on the task and our agreement.

We review and check the work in proportion to its use and risks. Using AI does not remove our responsibility for the agreed performance. AI output may contain errors or resemble other material, so it is not independent evidence of quality.

For development and quality checks, we prefer fictional data or material without identifiable information. Confidential information and personal data are not automatically made available to a tool merely because we use it. Necessity, data protection and our agreements remain the deciding factors.

An engagement can include specific arrangements about tools. These terms do not provide general permission to process personal data. The privacy statement and any data-processing terms continue to govern that processing.

The offer, agreement or checkout states the price, applicable taxes and payment schedule. Before a purchase, consumers see the total price including applicable taxes and unavoidable charges.

Business invoices are payable within 14 days unless otherwise agreed. Late payment may result in statutory interest and permitted collection costs, subject to the required notice and deadlines.

Prices for an ongoing service may change only on a valid contractual or statutory basis. We explain the change, effective date and any cancellation rights in advance. New engagements may be subject to a new offer.

For purchases through a sales platform, that platform's payment, cancellation and refund processes may apply. Statutory consumer rights remain intact.

Each party retains rights in its own existing material. You ensure that supplied text, files and instructions may lawfully be used for the engagement.

Unless otherwise agreed, full payment grants a non-exclusive right to use the delivered result for the agreed purpose and duration. Copyright assignment, exclusivity and delivery of source code are included only if agreed. We retain rights in our reusable components, knowledge and methods.

Third-party components, such as open-source software or images, may have their own licence terms. We take these into account and explain restrictions relevant to the agreed use.

A business client indemnifies Roek IT against third-party claims arising from that client's unlawfully supplied material or unlawful instructions. This does not apply to the extent that our own conduct caused the claim. We inform the client promptly and give them an opportunity to participate in handling it.

The parties treat information with care where its confidential nature is clear. They use it only for the collaboration and allow access only to people or providers who need it and are subject to suitable confidentiality obligations. Lawfully public information and disclosures required by law are outside this restriction.

The privacy statement explains how Roek IT processes personal data for its own purposes. Where we act as a processor for a client, we record the required data-processing terms. These can form part of the agreement.

We use encryption, access controls and careful software architecture. Design and maintenance take account of data minimisation and the service's risks. No system is entirely free of risk.

We investigate reports and prioritise them by severity, possible consequences and the action needed. We inform affected people when the impact or action they can take calls for it. Statutory reporting duties and agreed deadlines continue to apply.

We answer questions as soon as reasonably possible. A fixed response time, continuous support or availability guarantee applies only if agreed. Clients remain responsible for their own equipment, credentials and work under their control. Backup, recovery and maintenance arrangements belong with the relevant service.

We may engage third parties and replace technical facilities. This does not release us from our own obligations or allow us to undermine agreed performance without a valid basis. Where there are material adverse consequences, we inform the client and discuss the available options.

Business clients

For an attributable breach, Roek IT is liable for direct loss within the limits below. Where a remedy is still possible, please give us a reasonable opportunity to address the problem. This is not required where the law dispenses with a notice of default.

Related events count as one claim. Total liability arising from or connected with an agreement is limited to the fee for the relevant engagement. For an ongoing service, the limit is the fee for the twelve months before the event, or the shorter period for which the service has run. If an applicable liability policy pays a higher amount for the claim, that higher amount is the limit.

Roek IT is not liable for indirect business loss, such as lost profit, lost savings or business interruption. Each party takes reasonable steps to limit loss.

Consumers and statutory exceptions

The business limitations above do not apply to consumers. Consumers are covered by the statutory liability rules.

Limitations also do not apply to intent or deliberate recklessness by Roek IT, or to liability that cannot lawfully be excluded or limited.

Circumstances outside a party's reasonable control may prevent performance. Serious illness or the failure of an essential supplier may qualify where the consequences could not reasonably be prevented or managed. Such an event is not automatically force majeure.

The affected party communicates a material delay and limits its effects where possible. If performance becomes permanently impossible or continuation can no longer reasonably be expected, the parties discuss ending the unperformed part. Statutory termination rights remain available.

Duration and ordinary cancellation follow the agreement or product terms. A material breach may allow the other party to terminate after a reasonable opportunity to remedy it, unless the law permits immediate termination. Prepaid amounts for undelivered performance are settled on termination in accordance with the agreement and the law.

Access may be temporarily restricted where necessary and proportionate for security, misuse prevention or a serious breach. Advance notice is the starting point, except in urgent cases or where legally restricted. The relevant agreements and privacy information explain what happens to data and usage rights after termination.

A consumer entering into a distance contract generally has a 14-day cooling-off period, subject to statutory exceptions. For services and digital content, that period normally starts when the agreement is made.

If a service begins during that period at the consumer's express request, withdrawal may require proportionate payment for the part performed, provided the statutory conditions are met. For a paid service, the withdrawal right ends after full performance only with the required prior consent and acknowledgement.

For digital content supplied without a tangible medium, the withdrawal right may end when supply begins if the consumer has expressly consented beforehand, acknowledged the loss of the right and received the required confirmation.

The offer and checkout provide the applicable explanation and statutory model withdrawal form. You can also withdraw through a clear statement sent to our business email; using the model form is optional. A sales platform may provide additional information for the particular purchase.

Please send questions or complaints to our business email. Explain what happened and the outcome you have in mind. We investigate carefully and discuss an appropriate next step. If more time is needed, we let you know.

Dutch law applies. Consumers retain the mandatory protection of their country of residence where private international law provides it. A consumer can bring a dispute before the court competent under applicable law. Business disputes are assigned to the competent court in the Overijssel district, unless mandatory law provides otherwise.

The Dutch and English versions are intended to express the same agreements. If you notice a difference, please let us know. Any differences are unintentional.

New terms apply to future agreements. Changing an ongoing agreement requires consent or a valid contractual or statutory basis, with the associated information and cancellation rights.

If a provision is invalid, the remaining provisions continue to apply where they can stand independently. Email counts as written communication where it can be retained and the sender is clear.