General Conditions

1. Definitions

In these terms and conditions, the following terms shall have the following meanings:

• Contractor: Data Bandits
• Client: the natural person or legal entity entering into an agreement with Data Bandits
• Agreement: any arrangement between Data Bandits and Client regarding the delivery of services or products
• Services: all work offered by Data Bandits, including but not limited to: online marketing, data analysis, data engineering, and software-as-a-service (SaaS)
• Software (or SaaS): online software, applications, or platforms that Data Bandits makes available to Client
• Parties: Data Bandits and Client collectively

2. Applicability

These general terms and conditions apply to all quotations, agreements, and deliveries by Data Bandits, unless expressly agreed otherwise in writing.

Any purchasing or other conditions of Client are expressly rejected, unless Data Bandits has accepted them in writing.

Deviations from these terms and conditions are only valid if agreed upon in writing by both parties.

If any provision of these terms and conditions proves to be void, the remaining provisions shall remain in full force and effect.

3. Quotations and formation of agreement

All quotations from Data Bandits are non-binding and valid for 30 days after the date, unless a different period is stated in the quotation.

An agreement is formed at the moment the quotation is accepted by Client in writing (including by email), or as soon as Data Bandits actually begins execution with Client's consent.

Obvious errors or mistakes in quotations do not bind Data Bandits.

4. Execution of work

Data Bandits shall execute the work to the best of its knowledge and ability in accordance with the requirements of good workmanship, but cannot guarantee specific results, such as a certain number of leads, revenue growth, conversions, or search engine rankings.

Data Bandits has the right to have work performed by third parties (subcontractors) if this is necessary or desirable for proper execution of the agreement.

Client shall ensure in a timely manner that all data, information, access (such as login credentials, API connections), and cooperation that Data Bandits needs for the execution of the work are available. Delays resulting from the absence thereof are at the expense and risk of Client.

If during execution it appears that changes or additions are necessary, these will be implemented in consultation with Client. Additional work will be invoiced separately.

5. Compensation and payment

All prices are exclusive of VAT and other government levies, unless expressly stated otherwise.

Invoicing takes place according to the agreements in the quotation or agreement. For ongoing services, invoicing is monthly per calendar month, unless otherwise agreed.

Payment must be made within 14 days after the invoice date, unless a different payment term has been agreed upon in writing.

In case of late payment, Client is in default without further notice and owes statutory commercial interest (minimum 8% per year) on the outstanding amount.

All extrajudicial collection costs are for the account of Client. These amount to a minimum of 15% of the outstanding amount with a minimum of €150.

Data Bandits reserves the right to suspend work in case of late payment until the full outstanding amount has been paid.

6. Subscriptions and notice periods

For ongoing services or subscriptions, unless expressly agreed otherwise, a minimum term of three (3) months from the start date applies.

After the end of the minimum term, the agreement is automatically continued for an indefinite period, unless terminated in time.

Termination is possible by both parties subject to a notice period of one (1) month. Termination must be made in writing (by email or registered mail). The termination takes effect at the end of the current month following the notice period.

Data Bandits is entitled to immediately suspend or terminate a subscription or access to Software in case of:

• non-payment of invoices;
• abuse of services or software;
• violation of terms of use or these general terms and conditions;
• actions that may cause damage to Data Bandits or third parties.

Upon termination, no refund of already paid subscription fees takes place, unless there is an attributable shortcoming by Data Bandits.

7. Storage and processing of data

If Data Bandits processes personal data for Client in the context of service provision, this is done in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation.

For specific agreements on data processing, parties refer to the Privacy Statement and, if applicable, a separate Data Processing Agreement.

Client remains the owner of the data and content provided by them at all times.

Data Bandits is entitled to use anonymized, aggregated, or otherwise non-traceable data for:

• improvement of services;
• development of benchmarks and analyses;
• quality and performance purposes.

Data Bandits does not retain client data longer than necessary for the execution of the agreement and statutory retention obligations, unless longer retention occurs with Client's consent.

8. Intellectual property

All intellectual property rights to materials developed by Data Bandits, including but not limited to: analyses, reports, scripts, dashboards, software, designs, and methodologies, rest exclusively with Data Bandits, unless expressly agreed otherwise in writing.

Client only acquires a non-exclusive, non-transferable right of use to the results delivered by Data Bandits, to the extent necessary for the agreed use within its own organization.

Without prior written permission from Data Bandits, Client is not permitted to:

• reproduce or copy the delivered materials (other than necessary for internal use);
• make them public;
• deliver them to third parties or license them;
• reverse-engineer or decompile them (in case of software).

Client indemnifies Data Bandits against claims by third parties regarding intellectual property rights to materials provided by Client.

9. Liability

The total liability of Data Bandits for damage arising from or related to the execution of an agreement is limited to compensation for direct damage, up to a maximum of the amount of the invoice value paid by Client for the relevant assignment in the three (3) months prior to the damage claim, with an absolute maximum of €5,000 per event.

Direct damage shall exclusively mean:

• reasonable costs to remedy or limit Data Bandits' shortcoming;
• reasonable costs to determine the cause and extent of the damage, insofar as this determination relates to direct damage within the meaning of these terms and conditions.

Data Bandits is expressly not liable for:

• indirect damage, consequential damage, lost profits, missed savings, loss of data, reputational damage, or damage due to business interruption;
• damage resulting from errors, imperfections, or failure in data, software, or services of third parties;
• damage caused by Client providing incorrect, incomplete, or untimely information;
• damage caused by unauthorized use of accounts, login credentials, or software;
• damage as a result of choices or decisions by Client based on analyses or advice provided by Data Bandits.

Any liability expires if the damage is not reported to Data Bandits in writing within sixty (60) days after its discovery.

The limitations of liability included in this article do not apply if the damage is the result of intent or willful recklessness by Data Bandits or its executives.

10. Force majeure

Data Bandits is not obliged to fulfill any obligation to Client if prevented from doing so by a circumstance not attributable to it (force majeure).

Force majeure also includes:

• disruptions in internet, telecommunications, or electricity supply;
• cyberattacks, DDoS attacks, or other forms of digital crime;
• software errors, bugs, or failure of third-party services (such as cloud providers, API suppliers);
• government measures, lockdowns, or other restrictive regulations;
• natural disasters, war, pandemics, or other calamities;
• illness or absence of key personnel, insofar as this could not reasonably be compensated for.

If a force majeure situation continues for more than sixty (60) days, both parties have the right to terminate the agreement in whole or in part in writing, without any obligation to pay compensation.

If Data Bandits has already partially fulfilled its obligations when force majeure occurs, it is entitled to invoice the already executed part separately.

11. Confidentiality

Both parties undertake to maintain confidentiality of all confidential information obtained from each other or from other sources in the context of the agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.

This confidentiality obligation does not apply to information:

• that was publicly known before it was provided;
• that becomes publicly known without breach of this agreement;
• that must be provided on the basis of a legal obligation or court order.

The confidentiality obligation remains in force even after termination of the agreement, for as long as the confidentiality of the information can reasonably be expected.

12. Applicable law and disputes

All agreements between Data Bandits and Client are governed exclusively by Dutch law.

In the event of a dispute, parties shall first attempt to resolve it through mutual consultation.

If parties fail to resolve the dispute mutually, they shall submit the dispute to an independent mediator. The costs of mediation are borne equally by the parties.

If mediation does not lead to a solution, the dispute will be submitted to the competent court in the district where Data Bandits is located, unless the law mandates otherwise.

13. Amendment of terms and conditions

Data Bandits reserves the right to amend these general terms and conditions.

Changes take effect thirty (30) days after notification to Client, unless Client objects to the changes within that period.

In case of objection, Client has the right to terminate the agreement as of the date on which the amended terms and conditions would take effect.

The most recent version of these terms and conditions can always be consulted via the Data Bandits website or can be sent upon request.

14. Complaints procedure

If Client is not satisfied with the service provision or has a complaint, they must report this as soon as possible, but no later than within fourteen (14) days, in writing to Data Bandits.

Data Bandits confirms receipt of the complaint within five (5) working days and strives to provide a substantive response within fourteen (14) days.

If a complaint is found to be justified, Data Bandits will, at its own discretion:

• improve or re-execute the work free of charge;
• offer reasonable compensation;
• proceed to (partial) refund of the paid fee.

15. Final provisions

If one or more provisions of these terms and conditions prove to be void or voidable, the other provisions remain in full force. Parties will consult to agree on replacement provisions that align as much as possible with the intention of the void or voidable provision.

Data Bandits is entitled to transfer rights and obligations from the agreement to a third party, provided that Client's rights are not disproportionately affected.

These general terms and conditions have been filed with the Chamber of Commerce and can be consulted at www.databandits.nl/general-terms-and-conditions.

Last updated: October 7, 2025