General Terms and Conditions
Version 1.7 – 4 November 2025
Note: This English version of the General Terms and Conditions is a translation of the original Dutch version. In case of any discrepancy or ambiguity, the Dutch text shall prevail.
Parties
(1) Catcher24 B.V., a private company with limited liability incorporated under Dutch law, having its registered office at Prinsengracht 530H, 1017 KJ Amsterdam, the Netherlands, and registered with the Dutch Trade Register under number 84881704 (“Catcher”); and
(2) The Customer as identified in the Order (“Customer”).
Background
A. Catcher24 has developed certain vulnerability-scanning software which it offers on a Software-as-a-Service (SaaS) basis, enabling customers to identify weaknesses in their digital infrastructure.
B. In addition to its proprietary software, Catcher24 has developed integrations with third-party services. Such services may form part of the Order.
C. The Customer wishes to make use of the services of Catcher24 for its internal business operations.
D. Catcher24 agrees to provide the Customer with such services under the terms of this Agreement.
1 Definitions
1.1 In this Agreement:
“Agreement” means these terms and conditions, including the Order, the Data Processing Agreement, schedules, annexes and any documents referred to herein.
“Business Day” means any day other than a Saturday, Sunday or official public holiday in the Netherlands.
“Confidential Information” includes the provisions of this Agreement and, with respect to a Party, all non-public information including commercial, financial, marketing or technical data.
“User” means an employee, agent, contractor or adviser of the Customer using the Services.
“Effective Date” means the date on which the Order is accepted by Catcher24.
“End Customers” means the clients of the Customer (Reseller) for whom the Customer may use the Services.
“Reseller” means a legal or natural person that purchases services from Catcher24 as a Customer and subsequently resells them under its own brand (powered by Catcher24) to its clients (End Customers).
“Fees” means the charges for the Services as specified in the applicable Subscription.
“HICP” means the Harmonised Index of Consumer Prices as published, inter alia, by Statistics Netherlands (CBS) and the European Commission, comparing the average inflation rates of the EU Member States.
“Force Majeure” means an event beyond the control of a Party affecting its ability to perform obligations under this Agreement.
“Intellectual Property Rights” means patents, copyrights, trademarks, trade secrets and other proprietary rights.
“Catcher24 Portal” means the online portal through which the Customer and Users manage their Target Systems and view security vulnerabilities.
“Party” or “Parties” means Catcher24 and/or the Customer.
“Subscription” means the applicable service subscription offered by Catcher24 specifying the number of Target Systems, the corresponding Fees and the term.
“Platform” means the Catcher24 software platform, including the Catcher24 Portal.
“Platform Data” means usage, statistical or derived data from the Platform, anonymised and aggregated.
“Services” means the services provided by Catcher24 under this Agreement as specified in the Order.
“Free Services” means the services provided by Catcher24 under this Agreement at no charge, as specified in the Order, which may be offered with limited functionality or include the display of advertisements or other commercial content.
“Free Services” means the services provided by Catcher24 under this Agreement at no charge, as specified in the Order, which may be offered with limited functionality or include the display of advertisements or other commercial content.
“Service Specification” means the description of the Services as set out in the Catcher24 service overview.
“Target System” means an individual computer system identified by an IP address, hostname or unique identifier.
“Term” means the duration specified in the Subscription or Order.
“Vulnerability” means a configuration, patch level or application implementation likely to compromise the security or information of a Target System.
1.2 Construction
a. Headings are for convenience only and do not affect interpretation.
b. Words in the singular include the plural and vice versa.
c. “Other,” “including,” and “in particular” shall not limit the preceding words.
d. References to clauses refer to clauses of these terms unless otherwise indicated.
2 The Service
2.1 Subject to Catcher24’s acceptance of the relevant Order, receipt of the Fees under the applicable payment terms, and compliance by the Customer with the applicable Subscription and this Agreement, Catcher24 agrees to provide the Customer with the Services.
2.2 Depending on the relevant Subscription, the Customer may:
a. use the Services for internal business purposes relating to its own Target Systems;
b. use the Services to provide services to End Customers by including their systems among the Target Systems; and
c. use third-party services that Catcher24 has added as optional integrations to the Platform, solely to the extent included in the Order.
d. use the Free Services, whereby the (End)Customer and Users agree that Catcher24 may display advertisements, promotional messages, or other marketing content within such services to support the provision of free access. To the extent necessary to display relevant advertisements, Catcher24 may process (personal) data in accordance with the Catcher24 Privacy Statement.
a. use the Services for internal business purposes relating to its own Target Systems;
b. use the Services to provide services to End Customers by including their systems among the Target Systems; and
c. use third-party services that Catcher24 has added as optional integrations to the Platform, solely to the extent included in the Order.
d. use the Free Services, whereby the (End)Customer and Users agree that Catcher24 may display advertisements, promotional messages, or other marketing content within such services to support the provision of free access. To the extent necessary to display relevant advertisements, Catcher24 may process (personal) data in accordance with the Catcher24 Privacy Statement.
2.3 For the avoidance of doubt, the Customer may not permit any End Customer to use the Services or gain direct access to the Platform without prior authorization. The Customer is responsible for ensuring that only its authorized End Customers, employees, agents and advisers have access to the Service.
2.4 The Customer is responsible for all access to and use of the Service via the Customer’s account or User credentials.
2.5 In connection with the provision of the Service, Catcher24 may process personal data on behalf of the Customer. In such cases, the Parties shall comply with the provisions of the Data Processing Agreement, which forms an integral part of this Agreement.
2.6 Catcher24 is not obliged to provide technical support, availability guarantees, or functional updates in relation to the Free Services. Catcher24 may modify, suspend, or discontinue the Free Services, in whole or in part, at any time without prior notice and without any liability to the (End)Customer or Users.
2.7 Catcher24 may offer the (End)Customer the option to upgrade from a Free Service to a paid Subscription. Upon such upgrade, the terms applicable to Paid Services shall apply from that moment onward.
2.6 Catcher24 is not obliged to provide technical support, availability guarantees, or functional updates in relation to the Free Services. Catcher24 may modify, suspend, or discontinue the Free Services, in whole or in part, at any time without prior notice and without any liability to the (End)Customer or Users.
2.7 Catcher24 may offer the (End)Customer the option to upgrade from a Free Service to a paid Subscription. Upon such upgrade, the terms applicable to Paid Services shall apply from that moment onward.
3 Customer Systems and Responsibilities
3.1 The Customer shall fulfil the responsibilities assigned to it under this Agreement and acknowledges that Catcher24’s ability to deliver the Service depends upon the Customer’s compliance with those responsibilities.
3.2 The Customer grants Catcher24 permission to access the Customer’s systems and networks (including but not limited to the Target Systems and any applications or data stored thereon) for purposes in accordance with applicable Dutch legislation (as amended or replaced from time to time) and represents that it has, and will continue to have during the Term, authority to grant such permission.
3.3 The Customer warrants that it holds and will continue to hold throughout the Term all necessary consents, authorizations and approvals from the owners or licensees of its systems and networks (including but not limited to the Target Systems) to enable the delivery of the Services.
3.4 Where the Customer uses the Service in any jurisdiction other than the Netherlands, the Customer is solely responsible for ensuring that such use complies with applicable laws and regulations.
3.5 The Customer shall not, and shall not permit any third party to:
a. attempt to download, copy, modify, create derivative works from, frame, mirror, republish or distribute any part of the Platform except as expressly permitted under this Agreement;
b. attempt to copy, adapt, decompile, disassemble, reverse-engineer or otherwise convert any part of the Platform into human-perceivable form, except to the extent permitted by applicable law that cannot be excluded by agreement;
c. use knowledge or information obtained in connection with the Platform or Services to develop any software product competing with the Platform;
d. resell, sublicense or otherwise use the Platform or Services to provide services to third parties, unless permitted under clause 2.2.
a. attempt to download, copy, modify, create derivative works from, frame, mirror, republish or distribute any part of the Platform except as expressly permitted under this Agreement;
b. attempt to copy, adapt, decompile, disassemble, reverse-engineer or otherwise convert any part of the Platform into human-perceivable form, except to the extent permitted by applicable law that cannot be excluded by agreement;
c. use knowledge or information obtained in connection with the Platform or Services to develop any software product competing with the Platform;
d. resell, sublicense or otherwise use the Platform or Services to provide services to third parties, unless permitted under clause 2.2.
4 Security and Disclaimers
4.1 The Customer acknowledges that Catcher24, in providing the Services, will employ penetration-testing techniques on the Target Systems as described in the Service Specification to identify Vulnerabilities. The Customer recognises that use of the Service may temporarily increase network bandwidth usage and/or system processing load of the Target Systems during testing and that Catcher24 shall not be liable for any consequences arising from bandwidth or processing limitations of the Customer’s Target Systems.
4.2 Notwithstanding the foregoing, Catcher24 shall take all reasonable measures to ensure that neither it nor the Services introduce new Vulnerabilities or exacerbate existing ones.
4.3 The Customer acknowledges that the Service has not been specifically developed for the Customer or its Target Systems and may not identify all Vulnerabilities that could affect or compromise such systems.
4.4 Catcher24 performs assessments and issues notifications of identified Vulnerabilities; however, Catcher24 does not perform remediation of any Vulnerabilities discovered during assessments. The Customer remains solely responsible for addressing and remedying any identified Vulnerabilities.
4.5 Use of the Service may, in certain cases, trigger unforeseen reactions of the Target System, including but not limited to unavailability, data corruption or system crash. The Customer is at all times solely responsible for creating backups, implementing rate-limiting or similar safeguards, and monitoring its Target Systems during use of the Service.
4.6 Catcher24 shall not be liable for any damage or loss suffered directly or indirectly by the Customer, any User or End Customer arising from the use or provision of the Service as intended, or in relation to Vulnerabilities not identified by the Service.
4.7 Catcher24 shall not be liable for any damage or loss suffered directly or indirectly by the Customer, any User or End Customer resulting from the use or provision of third-party Services that Catcher24 has added as optional integrations to the Platform. Such services are resold by Catcher24 to the Customer on an “as-is” basis, only insofar as such integrations form part of the Order.
5 Intellectual Property
5.1 Catcher24 has, at its own expense, developed, licensed and created the Services, as well as the technology and systems forming part of the Services, including the Platform.
5.2 The intellectual property of any third-party services shall remain the property of the relevant third party.
5.3 All Intellectual Property Rights in the Services, the Platform and the Platform Data shall remain vested exclusively in Catcher24 or, where applicable, in the third parties contracted by Catcher24 (integrations).
5.4 This Agreement does not entail any transfer of Intellectual Property Rights in the Services or the Platform to the Customer, nor does it grant the Customer any rights in the Services or Platform (including any Intellectual Property Rights therein) other than as expressly provided in clause 2.
6 Fees
6.1 The Customer shall pay the Fees under this Agreement in full and on time on the Effective Date and on the first day of each subsequent Year or Month, in advance of access to the Services.
Where payment is made by payment card, the Customer authorises Catcher24 to automatically collect subsequent payments upon renewal of the Term until the Customer instructs otherwise.
Where payment is made by payment card, the Customer authorises Catcher24 to automatically collect subsequent payments upon renewal of the Term until the Customer instructs otherwise.
6.2 All Fees under this Agreement are exclusive of VAT, sales tax, withholding tax or other similar taxes, import or customs duties, all of which shall be paid by the Customer in addition to the Fees at the applicable rate.
6.3 If any amount under this Agreement is not paid by the due date, Catcher24 shall be entitled, until full payment is received, to:
a. suspend access to the Services; and
b. charge interest on the overdue amount at a rate of 4 % per annum above the base European interest rate (Euribor).
a. suspend access to the Services; and
b. charge interest on the overdue amount at a rate of 4 % per annum above the base European interest rate (Euribor).
6.4 Catcher24 reserves the right to modify the Fees at any time and will notify the Customer in due time by e-mail, via the Catcher24 Portal, or through other electronic communication.
6.5 Catcher24 shall be entitled to increase the Service Fees once (1) per calendar year by:
a. five percent (5 %); or, if higher,
b. the percentage of the HICP of the previous year.
a. five percent (5 %); or, if higher,
b. the percentage of the HICP of the previous year.
6.6 In addition to clause 6.5, Catcher24 shall be entitled to pass on changes in (energy and/or licence) charges, prices or costs for the Services:
a. that Catcher24 uses in providing the Services to the Customer; or
b. that are licensed or resold by Catcher24 to the Customer.
Catcher24 shall notify the Customer of any price change at least fifteen (15) days in advance. The change shall take effect on the first (1st) calendar day of the following month.
a. that Catcher24 uses in providing the Services to the Customer; or
b. that are licensed or resold by Catcher24 to the Customer.
Catcher24 shall notify the Customer of any price change at least fifteen (15) days in advance. The change shall take effect on the first (1st) calendar day of the following month.
6.7 If Catcher24 increases its Fees for the Services, the new Fees shall take effect at the start of the next billing period following notice to the Customer, in accordance with clause 6.6. Existing Agreements or Orders shall remain valid at the original Fees until the end of the current billing period.
6.8 If the Customer does not agree to a change in the Fees, it may terminate the Agreement by giving written notice within thirty (30) days after notification. Such termination shall take effect at the end of the current Term.
6.9 Promotional offers or discounts may be provided at Catcher24’s sole discretion from time to time. Such offers shall have their own terms, communicated to the Customer at that time.
7 Confidentiality
7.1 Each Party shall keep all Confidential Information of the other Party disclosed or obtained as a result of their relationship under this Agreement strictly confidential and ensure that it remains so.
Such information shall not be used or disclosed except in connection with the performance of this Agreement or with the prior written consent of the other Party.
Where a Party discloses the other Party’s Confidential Information to an employee, representative or consultant, it shall do so on terms equivalent to those set out in this Agreement and shall ensure compliance therewith, remaining liable for any disclosure or use by such persons.
Such information shall not be used or disclosed except in connection with the performance of this Agreement or with the prior written consent of the other Party.
Where a Party discloses the other Party’s Confidential Information to an employee, representative or consultant, it shall do so on terms equivalent to those set out in this Agreement and shall ensure compliance therewith, remaining liable for any disclosure or use by such persons.
7.2 The obligations of confidentiality in this clause shall not apply to information which the other Party can demonstrate:
a. is or has become public knowledge other than through a breach of this Agreement;
b. was in the Party’s written records before the date of this Agreement and not subject to confidentiality obligations;
c. is independently disclosed by a third party entitled to make such disclosure; or
d. is required to be disclosed under applicable law or by order of a court or competent governmental authority.
a. is or has become public knowledge other than through a breach of this Agreement;
b. was in the Party’s written records before the date of this Agreement and not subject to confidentiality obligations;
c. is independently disclosed by a third party entitled to make such disclosure; or
d. is required to be disclosed under applicable law or by order of a court or competent governmental authority.
7.3 The Customer shall ensure that its Users are aware of and bound by the confidentiality obligations set out in this clause.
7.4 Catcher24, acting as Platform administrator and help-desk agent, shall have access to the Customer’s Platform Data on the Platform. This includes, but is not limited to, enabling Catcher24 to provide such support to the Customer and shall at all times remain subject to this confidentiality clause.
7.5 This clause shall survive termination of this Agreement.
8 Warranties and Indemnities
8.1 Subject to clauses 4 and 8.2, Catcher24 warrants that:
a. the Service will, in all material respects, conform to the Service Specification and be performed with reasonable care, skill and in accordance with good industry standards;
b. it has full power and authority to enter into this Agreement; and
c. to Catcher24’s knowledge, the Platform and Services do not infringe any statutory, common-law or Intellectual Property Rights of any third party.
a. the Service will, in all material respects, conform to the Service Specification and be performed with reasonable care, skill and in accordance with good industry standards;
b. it has full power and authority to enter into this Agreement; and
c. to Catcher24’s knowledge, the Platform and Services do not infringe any statutory, common-law or Intellectual Property Rights of any third party.
8.2 Except as expressly set out herein, all other terms, conditions or warranties implied by statute, common law or otherwise are excluded to the fullest extent permitted by law, including (without limitation) implied conditions or warranties of satisfactory quality and fitness for a particular purpose.
8.3 The Customer warrants that:
a. it, and the representative entering into this Agreement, has full power and authority to do so; and
b. it holds all rights, licences, permits, approvals and third-party clearances required under applicable law to perform its obligations and to enable Catcher24 to perform its obligations under this Agreement.
a. it, and the representative entering into this Agreement, has full power and authority to do so; and
b. it holds all rights, licences, permits, approvals and third-party clearances required under applicable law to perform its obligations and to enable Catcher24 to perform its obligations under this Agreement.
8.4 Catcher24 shall indemnify the Customer against all losses, damages, claims, penalties, costs and expenses (including reasonable external legal fees) suffered or incurred by the Customer arising from or in connection with any third-party claim resulting from a breach by Catcher24 of clause 8.1.
8.5 The Customer shall indemnify Catcher24 against all losses, damages, claims, penalties, costs and expenses (including reasonable external legal fees) suffered or incurred by Catcher24 arising from or in connection with any third-party claim resulting from a breach by the Customer of clause 8.3 and/or clauses 3.2, 3.3 or 3.4.
8.6 Each Party shall indemnify the other in full against all losses, damages, claims, penalties, costs and expenses (including reasonable external legal fees) suffered or incurred by the other Party arising from or in connection with any breach of clause 7 (Confidentiality).
8.7 In all cases, the indemnified Party shall:
a. promptly notify the indemnifying Party of any allegation or claim that may give rise to an indemnity, providing reasonable assistance subject to reimbursement of costs;
b. not make any admission, settlement or compromise or engage in settlement negotiations without the prior consent of the indemnifying Party (not to be unreasonably withheld), provided the indemnifying Party conducts such claim diligently and with competent counsel in a manner not detrimental to the indemnified Party’s reputation; and
c. allow the indemnifying Party to conduct all negotiations and proceedings, provided that no settlement having a material effect (financial, practical or reputational) on the indemnified Party shall be made without its prior written consent (not to be unreasonably withheld).
a. promptly notify the indemnifying Party of any allegation or claim that may give rise to an indemnity, providing reasonable assistance subject to reimbursement of costs;
b. not make any admission, settlement or compromise or engage in settlement negotiations without the prior consent of the indemnifying Party (not to be unreasonably withheld), provided the indemnifying Party conducts such claim diligently and with competent counsel in a manner not detrimental to the indemnified Party’s reputation; and
c. allow the indemnifying Party to conduct all negotiations and proceedings, provided that no settlement having a material effect (financial, practical or reputational) on the indemnified Party shall be made without its prior written consent (not to be unreasonably withheld).
9 Limitation of Liability
9.1 Nothing in this Agreement shall exclude or limit:
a. a Party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot be excluded or limited by law; or
b. the Customer’s obligation to pay the Fees.
a. a Party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot be excluded or limited by law; or
b. the Customer’s obligation to pay the Fees.
9.2 Subject to clause 9.1, neither Party shall be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any of the following losses or damages (whether direct, foreseeable, foreseen, known or otherwise):
– special, indirect, incidental or consequential damages;
– loss of actual or anticipated profits;
– loss of business or contracts;
– loss of revenue or use of money;
– loss of anticipated savings; and/or
– loss of goodwill, arising out of or in connection with this Agreement.
– special, indirect, incidental or consequential damages;
– loss of actual or anticipated profits;
– loss of business or contracts;
– loss of revenue or use of money;
– loss of anticipated savings; and/or
– loss of goodwill, arising out of or in connection with this Agreement.
9.3 Subject to clause 9.1, Catcher24’s total aggregate liability to the Customer for all claims arising out of this Agreement, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall be limited to the greater of:
– the total value of the Agreement for one (1) year; or
– EUR 500 000 (five hundred thousand euros).
– the total value of the Agreement for one (1) year; or
– EUR 500 000 (five hundred thousand euros).
10 Duration, Termination and Suspension
10.1 This Agreement shall commence on the Effective Date and remain in force for the Term, unless terminated in accordance with the provisions of these terms.
10.2 Upon expiry of the Term, the Order shall automatically renew for successive periods equal to the Term (each a “Renewal Period”), unless either Party notifies the other of termination prior to the end of the Term or any Renewal Period.
In such case, the Order shall expire at the end of the applicable Term or Renewal Period.
The Customer shall not be entitled to any refund or credit for any unused portion of the Fees already paid.
Where payment is made by payment card, the Customer authorises Catcher24 to automatically collect further payments upon renewal until instructed otherwise.
In such case, the Order shall expire at the end of the applicable Term or Renewal Period.
The Customer shall not be entitled to any refund or credit for any unused portion of the Fees already paid.
Where payment is made by payment card, the Customer authorises Catcher24 to automatically collect further payments upon renewal until instructed otherwise.
10.3 Either Party may terminate this Agreement if the other Party commits a material breach of this Agreement which is capable of remedy and fails to remedy such breach within thirty (30) days after receipt of written notice specifying the breach.
10.4 Catcher24 may immediately terminate this Agreement and/or suspend the Service without notice if the Fees are not received by the due date or if the provision of the Service in the relevant jurisdiction or territory becomes unlawful.
10.5 In the event of termination of this Agreement by Catcher24 under clause 10.3 or 10.4, Catcher24 shall not provide any refund or credit, and the Customer shall have no right to any refund or credit for any unused portion of the Term.
10.6 Upon termination of this Agreement for any reason:
a. the relationship between the Parties shall end, and all rights granted under this Agreement to access or use the Service shall immediately cease; and
b. all provisions expressly or by implication intended to come into or remain in effect after termination shall remain in full force and effect.
a. the relationship between the Parties shall end, and all rights granted under this Agreement to access or use the Service shall immediately cease; and
b. all provisions expressly or by implication intended to come into or remain in effect after termination shall remain in full force and effect.
10.7 Termination of this Agreement shall not affect any rights or remedies of either Party accrued up to the date of termination.
11 Force Majeure
11.1 A Party shall not be in breach of this Agreement or liable for any failure or delay in performing its obligations (other than payment obligations) under this Agreement to the extent such failure or delay results from a Force Majeure event, provided that the affected Party:
a. promptly notifies the other Party in writing of the circumstances constituting Force Majeure and keeps the other Party informed of its continuation and any material changes thereto while it persists; and
b. takes all reasonable steps to minimise the impact of the Force Majeure event on the performance of its obligations under this Agreement.
a. promptly notifies the other Party in writing of the circumstances constituting Force Majeure and keeps the other Party informed of its continuation and any material changes thereto while it persists; and
b. takes all reasonable steps to minimise the impact of the Force Majeure event on the performance of its obligations under this Agreement.
11.2 If the Force Majeure event continues for more than thirty (30) days, either Party may, while the event continues, terminate this Agreement immediately by giving written notice to the other Party.
12 Parties
12.1 The Customer shall not assign, transfer, charge or otherwise dispose of any of its rights or obligations under this Agreement.
12.2 A person who is not a Party to this Agreement shall have no rights to enforce any of its terms.
12.3 Neither Party shall pledge the credit of the other or hold itself out as being the other Party, an agent, partner, employee or representative of the other Party, nor shall either Party purport to have any authority to bind the other in any way.
12.4 Nothing in this Agreement, nor any action taken by the Parties under it, shall create or be deemed to create a partnership, joint venture, employment or agency relationship between the Parties.
13 Interpretation
13.1 Entire Agreement a. This Agreement constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all previous arrangements, whether written or oral.
b. The Parties acknowledge that this Agreement has not been entered into wholly or partly in reliance on any warranty, statement, promise or representation other than as expressly set out herein.
c. Each Party agrees that the only rights and remedies available in connection with any statement, promise or representation shall be for breach of contract, and irrevocably waives all rights to rescind this Agreement.
d. All warranties, conditions, terms and representations not set out in this Agreement are, to the extent permitted by law, excluded.
e. Nothing in this clause shall exclude liability for fraudulent misrepresentation. 13.2 Severability a. If any part of this Agreement is held to be invalid or unenforceable under applicable law, that part shall be deemed deleted, and the validity of the remaining provisions shall not be affected.
b. If an invalid or unenforceable provision would be valid or enforceable if modified to a minimal extent, such provision shall apply with the necessary modification to make it valid and enforceable. 13.3 Waiver Failure or delay by a Party in exercising any right or remedy shall not constitute a waiver thereof.
A waiver of a breach shall be made in writing and shall not constitute a waiver of any future breach.
b. The Parties acknowledge that this Agreement has not been entered into wholly or partly in reliance on any warranty, statement, promise or representation other than as expressly set out herein.
c. Each Party agrees that the only rights and remedies available in connection with any statement, promise or representation shall be for breach of contract, and irrevocably waives all rights to rescind this Agreement.
d. All warranties, conditions, terms and representations not set out in this Agreement are, to the extent permitted by law, excluded.
e. Nothing in this clause shall exclude liability for fraudulent misrepresentation. 13.2 Severability a. If any part of this Agreement is held to be invalid or unenforceable under applicable law, that part shall be deemed deleted, and the validity of the remaining provisions shall not be affected.
b. If an invalid or unenforceable provision would be valid or enforceable if modified to a minimal extent, such provision shall apply with the necessary modification to make it valid and enforceable. 13.3 Waiver Failure or delay by a Party in exercising any right or remedy shall not constitute a waiver thereof.
A waiver of a breach shall be made in writing and shall not constitute a waiver of any future breach.
14 Contract Administration
14.1 Amendments Any amendment to this Agreement shall be valid only if made in writing, specifically referring to this Agreement, and signed by both Parties.
14.2 Language This Agreement may be drawn up in Dutch or English.
Correspondence and documentation relating to this Agreement may be in Dutch or English.
In the event of any conflict, the Dutch version shall prevail.
Correspondence and documentation relating to this Agreement may be in Dutch or English.
In the event of any conflict, the Dutch version shall prevail.
14.3 Notices a. Notices under this Agreement must be in writing and sent by e-mail to catch@catcher24.com