8/17/2023 0 Comments Nimble definition business(a) additional arrangements and agreements concluded in writing between the Parties Regarding the applicable documents, the following priority shall apply: The Parties shall replace the invalid provision with a provision that is valid and whose legal consequences coincide as closely as possible with those of the invalid provision, having due regard to the contents and purport of the Agreement.Ģ.4. If any provision within the Agreement is void or voidable or is or becomes fully or partially invalid for any other reason, the remaining provisions of the Agreement will nevertheless remain in full force and effect. Any deviations from or additions to the Agreement will only be valid if agreed upon in writing by the Parties.Ģ.3. The applicability of any procurement terms or any other terms and conditions of the Client are expressly excluded. These General Terms and Conditions apply to all quotations, statements of work, work orders, Agreements and Services provided by Nimble Institute.Ģ.2. Technologies: software, web applications, third party services (like licensed and unlicensed PAAS, SAAS, web services and so on) made available to the client as requested and defined in a Statement of Work. Sprint: a pre-determined amount of time wherein Nimble Institute will develop a part of the Software as decided or agreed upon at the start of the sprint.ġ.18. Software: any software developed by order of or provided to the Client under the Agreement, including software of third parties provided by Nimble Institute under the Agreement.ġ.17. Services: the services provided to the Client under the Agreement, which may include, inter alia, the provision, maintenance or development of Software, consultancy services and trainings.ġ.16. Parties: Nimble Institute and the Client.ġ.15. Office Hours: the time between 9:00 to 17:00 CE(S)T on Monday to Friday, excluding official Dutch holidays and days prior to which Nimble Institute has announced that it is closed.ġ.14. Materials: all materials developed on behalf of, or provided to, the Client or third parties under the Agreement, such as Software, documentation, training materials, reports, concepts, images, texts and all other intellectual creations, as well as data carriers and media on which the materials are stored.ġ.13. Intellectual Property Rights: all intellectual property rights and related rights, including in any case but not limited to copyrights, database rights, rights do domain names, business names, tradename rights, trademark rights, know-how, trade secrets, patents, model rights and neighbouring rights.ġ.12. General Terms and Conditions: these general terms and conditions.ġ.11. End User: any natural person that makes use of the Services.ġ.10. Employee: any natural person who is or was employed or contracted by Nimble Institute during the term of the Agreement or 6 months before the Effective Date.ġ.9. Effective Date: the date on which the Agreement takes effect, which is the last date of signature of the Agreement, or, if explicitly determined in the Agreement, the effective date in the Agreement.ġ.8. The contents of the Agreement should in any case be regarded to be of a confidential nature.ġ.7. Confidential Information: any information marked as confidential, or which should reasonably be regarded as confidential by the receiving Party. Client Data: all data and materials provided by the Client and/or End Users to Nimble Institute or uploaded, processed or stored using the Software, as well as all data and materials Nimble Institute obtains access to in the performance of the Agreement.ġ.6. Client: any legal person or natural person acting in the course of its profession or business that enters into, or has entered into, an Agreement with Nimble Institute.ġ.5. Agreement: the agreement concluded between the Client and Nimble Institute for the provision of the Services and/or Technologies, including these General Terms and Conditions including all appendices and all other written agreements between the Parties in relation to the provision of the Services.ġ.4. Appendix: any appendix attached to the Agreement.ġ.3. Account: the online environment made available by Nimble Institute for the purpose of enabling the Client and/or End Users to access and use the Software.ġ.2. DefinitionsĪll capitalized terms used in the General Terms and Conditions, both in the singular and plural, are understood to have the meaning as described in this article.ġ.1. Deviation from these terms and conditions is possible only by means of written confirmation by Nimble Institute. These terms and conditions apply to all quotations, agreements and services provided by Nimble Institute B.V., located at van Harenspad 48 (8442 CD) in Heerenveen and registered with the Chamber of Commerce under registration number 73378623 (hereafter: ‘Nimble Institute’).
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