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Terms of Service

General terms and conditions for using our website and services

1. Introduction and Acceptance

These General Terms and Conditions ("Terms") govern the use of the website prilk.com and the services provided by Prilk Consulting B.V. ("Prilk", "we", "us", or "our"), a company registered in the Netherlands.

By accessing our website or using our services, you ("User", "Client", or "you") agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not use our website or services.

Note for Consumers: If you are a consumer (natuurlijk persoon niet handelend in uitoefening van beroep of bedrijf), mandatory consumer protection laws may apply. These Terms do not limit your statutory consumer rights under Dutch and EU law.

2. Company Information

Company Name:Prilk Consulting B.V.
Legal Form:Besloten Vennootschap (B.V.)
Registered Address:Reykjavikstraat 1, 3543 KH Utrecht, Netherlands
KvK Number:82066477
BTW Number:NL862323459B01
Email:info@prilk.com
Phone:+31 85 060 0702

3. Services

Prilk Consulting B.V. provides the following professional services:

  • ERPNext implementation, customization, and consulting
  • ERP integration services (including SAP integration)
  • Custom software development
  • Managed support and maintenance services
  • Training and documentation

3.1 Service Agreements: Specific services are governed by individual Service Agreements or Statements of Work (SOW) that supplement these Terms. In case of conflict, the specific Service Agreement prevails.

3.2 Service Availability: We aim to provide continuous service but do not guarantee uninterrupted availability. Planned maintenance will be communicated in advance where possible.

4. Quotations and Agreements

4.1 Quotations: All quotations are valid for 30 days unless otherwise stated. Quotations are non-binding until accepted in writing.

4.2 Agreement Formation: An agreement is formed when:

  • You accept our quotation in writing (including email), or
  • We confirm your order in writing, or
  • We commence work at your request

4.3 Changes: Any changes to agreed services must be confirmed in writing. Additional work may result in additional charges.

5. Pricing and Payment

5.1 Prices: All prices are quoted in Euros (EUR) and exclude VAT (BTW) unless otherwise stated. For EU business clients, reverse charge may apply.

5.2 Payment Terms:

  • Invoices are due within 14 days of invoice date unless otherwise agreed
  • For projects, we may require advance payment or milestone-based payments
  • Payment methods: Bank transfer (SEPA)

5.3 Late Payment: In case of late payment:

  • Statutory commercial interest (wettelijke handelsrente) will be charged from the due date
  • Extrajudicial collection costs may be charged in accordance with the Dutch Extrajudicial Collection Costs Act (WIK)
  • We may suspend services until payment is received

6. Intellectual Property

6.1 Website Content: The content on prilk.com, including text, graphics, logos, images, and software, is owned by Prilk Consulting B.V. or its licensors and is protected by Dutch and international intellectual property laws.

6.2 Open Source: ERPNext and Frappe Framework are open source software licensed under GNU GPLv3. Our customizations and configurations remain subject to applicable open source licenses.

6.3 Client Work: Unless otherwise agreed in writing:

  • Custom code developed specifically for a client transfers to the client upon full payment
  • We retain rights to reuse general methodologies, tools, and know-how
  • Client data remains the property of the client

6.4 Restrictions: You may not reproduce, distribute, modify, or create derivative works from our proprietary content without express written permission.

7. Client Obligations

When using our website and services, you agree to:

  • Accurate Information: Provide accurate, complete, and current information
  • Cooperation: Provide timely access to systems, data, and personnel necessary for service delivery
  • Legal Use: Use our services only for lawful purposes
  • Security: Maintain security of your login credentials and notify us of unauthorized access
  • Backups: Maintain your own backups of critical data
  • Compliance: Ensure your use of our services complies with applicable laws

8. Confidentiality

8.1 Mutual Obligation: Both parties agree to keep confidential any non-public information received from the other party during the course of the engagement.

8.2 Exceptions: Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is required to be disclosed by law or court order

8.3 Duration: Confidentiality obligations survive termination of the agreement for 3 years.

9. Liability

9.1 Limitation: To the maximum extent permitted by Dutch law:

  • Our total liability for any claim arising from our services is limited to the fees paid by you in the 12 months preceding the claim, or €10,000, whichever is lower
  • We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities

9.2 Exclusions: These limitations do not apply to:

  • Liability that cannot be excluded under Dutch law
  • Damages caused by willful misconduct (opzet) or gross negligence (grove schuld)
  • Death or personal injury caused by our negligence

9.3 Force Majeure: We are not liable for failure to perform obligations due to circumstances beyond our reasonable control (overmacht), including but not limited to natural disasters, war, terrorism, strikes, government actions, or infrastructure failures.

10. Warranties and Disclaimers

10.1 Our Warranty: We warrant that our services will be performed with reasonable skill and care in accordance with industry standards.

10.2 Website Disclaimer: The information on our website is provided "as is" for general information purposes. While we strive for accuracy, we do not warrant that the website content is complete, accurate, or error-free.

10.3 Third-Party Services: We do not warrant or take responsibility for third-party services, including ERPNext, hosting providers, or integrations, beyond our contractual control.

11. Term and Termination

11.1 Duration: Service agreements continue for the term specified in the agreement or, if no term is specified, until terminated.

11.2 Termination for Convenience: Either party may terminate ongoing services with 30 days written notice, unless otherwise specified in the Service Agreement.

11.3 Termination for Cause: Either party may terminate immediately if the other party:

  • Materially breaches the agreement and fails to cure within 14 days of notice
  • Becomes insolvent or enters bankruptcy proceedings

11.4 Effects of Termination: Upon termination:

  • All outstanding fees become immediately due
  • We will provide reasonable assistance in transitioning services
  • Provisions on confidentiality, intellectual property, and liability survive

12. Governing Law and Disputes

12.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

12.2 Jurisdiction: Any disputes arising from these Terms or our services shall be submitted to the exclusive jurisdiction of the competent court in Utrecht, Netherlands.

12.3 Consumer Rights: If you are a consumer, you may also have the right to bring proceedings in your country of residence. Nothing in these Terms affects your statutory consumer rights.

12.4 EU Online Dispute Resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to participate in alternative dispute resolution procedures.

13. Miscellaneous

13.1 Entire Agreement: These Terms, together with any Service Agreements, constitute the entire agreement between you and Prilk regarding the subject matter hereof.

13.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

13.4 Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations to a successor in case of merger or acquisition.

13.5 Language: These Terms are provided in English. In case of translation, the English version prevails.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. For material changes affecting existing clients, we will provide reasonable notice.

Last updated: January 2025

Version: 2.0

15. Contact

For questions about these Terms:

Prilk Consulting B.V.

Reykjavikstraat 1
3543 KH Utrecht
Netherlands

Email: info@prilk.com
Phone: +31 85 060 0702