Service Description

1. Description of the Service

1.1. Netblitz BV ("Service Provider"), part of the Tip Top Wash & Clean group, develops and delivers a custom web application/website ("the Application") for the Client, built with the Emergent platform (emergent.sh).

1.2. The Application is made accessible via a secure web environment (URL) and one or more user logins for the Client and/or their employees.

1.3. Unless otherwise agreed in writing, the Application is technically hosted on the Emergent platform under Netblitz BV's Emergent account. The Client does not receive direct access to this Emergent account, but does have access to the Application itself.

2. Hosting and Platform (Emergent)

2.1. The hosting of the Application is done via Emergent, a SaaS platform from a third party. Netblitz BV does not own this platform and has no influence on the general terms, price changes, or technical modifications of Emergent.

2.2. Netblitz BV will endeavor to choose a suitable hosting configuration based on the intended use, but cannot provide guarantees beyond the availability and terms of Emergent itself.

2.3. All subscription costs and usage costs that Emergent charges Netblitz BV for hosting the Application for the Client are passed on to the Client in accordance with the quote or price agreements (e.g., via a monthly hosting or service fee).

2.4. If Emergent discontinues its services, significantly changes its terms, or experiences prolonged outages beyond Netblitz BV's control, Netblitz BV will reasonably consider alternatives but is not liable for the consequences for the Client.

3. Use, Logins and Data

3.1. The Client receives user accounts (logins) to use the Application and is responsible for careful use and management of login credentials and access rights.

3.2. The (business) data that the Client enters into the Application remains the property of the Client. Where technically possible, Netblitz BV will cooperate on request to export this data in a common format (e.g., CSV), for an hourly fee, unless otherwise agreed.

3.3. The Client guarantees that entered data and use of the Application comply with applicable legislation (such as GDPR) and do not infringe on the rights of third parties.

4. Maintenance, Support and Changes

4.1. Unless otherwise agreed, Netblitz BV provides technical maintenance and minor updates to the Application within a pre-agreed hour bundle or support package.

4.2. Maintenance includes: implementing necessary updates, modifications resulting from changes in Emergent, and fixing bugs not caused by incorrect use by the Client.

4.3. Functional extensions or changes at the Client's request (such as new modules, integrations, or reports) are quoted separately and executed at the current hourly rate, unless otherwise agreed in writing.

4.4. Support requests are handled via the email address or support channel specified by Netblitz BV. Any response and resolution times are indicative, unless explicitly stated otherwise in a separate SLA.

5. Availability and Disruptions

5.1. Netblitz BV strives for high availability of the Application but cannot guarantee 100% uptime. Where possible, Netblitz BV aligns with the service levels that Emergent itself maintains.

5.2. In case of disruptions or performance issues, Netblitz BV will endeavor to identify the cause and, where possible, resolve it in cooperation with Emergent.

5.3. Interruptions or disruptions caused (in part) by Emergent or other third parties, internet providers, DNS providers, or by incorrect use by the Client, fall outside the liability of Netblitz BV.

6. Transfer to Own Account or Other Hosting

6.1. The Client may request to transfer the Application (where technically possible) to their own Emergent account or other hosting environment.

6.2. Such migration falls outside the standard services. Netblitz BV will cooperate on a time and materials basis at the current hourly rate, plus any additional costs from Emergent or other third parties.

6.3. Netblitz BV cannot guarantee that all functionalities will be identically available in the new environment, nor that no downtime will occur during the transfer. This will be estimated as accurately as possible and coordinated with the Client in advance.

6.4. After successful migration and payment of all outstanding invoices, the Client retains the agreed usage rights to the Application. Any licenses or third-party components may have additional terms.

7. Termination of Services

7.1. Upon termination of the cooperation or cessation of hosting via Netblitz BV, if the Client requests it in a timely manner, reasonable cooperation will be provided for exporting data and/or migration as described in article 6.

7.2. Termination does not release the Client from the obligation to pay outstanding invoices for development work, hosting, and support.

7.3. If the Client takes no action to secure their data after termination, Netblitz BV cannot be held responsible for loss of data after a reasonable retention period has expired.