Terms and Conditions
General Terms and Conditions
Last updated May 6, 2026
Section 1. Definitions
The terminology used in these General Terms and Conditions, both in the singular and the plural form and capitalized, is defined as follows:
Account Details: all information that the Customer and Authorized Users provide to Lynk when creating, managing, and maintaining a user account in the Application. This includes names, usernames, passwords, telephone numbers, email addresses, billing information, and information about the accounts and the way the Application is used;
Agreement: the agreement between Lynk and the Customer, consisting of the Order, the General Terms and Conditions, and, if applicable, other terms and conditions agreed upon in writing by the Parties;
AI Model: software that automatically makes predictions, takes decisions, and/or provides advice using data analysis, statistics, and/or self-learning logic, based on an algorithm;
Application: the software-as-a-service platform designed for contract management provided by Lynk, including AI Models;
Authorized User: a user account in the name of the Customer, an employee of the Customer, or a third party to whom the Customer or Lynk has granted authorization to use the Application;
Customer Data: all data processed by the Customer through the use of the Application and AI Models, such as data concerning their customers, suppliers, and employees, as well as contracts and other documents;
Customer: the party with whom Lynk enters into an Agreement and who is bound by these General Terms and Conditions;
Designated Authorized Representative: a person designated in the Order by the Customer who serves as the primary contact for Lynk for operational and legal matters and acts as a legal representative within the scope of the Agreement;
Feedback: all information, data, and feedback that Lynk receives from the Customer regarding the use of the Application and AI Models, including error reports, support requests, and requests or ideas regarding (potential) new or modified functionality of the Application or AI Models;
General Terms and Conditions: these general terms and conditions, as applied by Lynk;
License: the right of the Customer to use the Application provided by Lynk, under the terms and conditions set forth in the Agreement;
Lynk: the private limited liability company (besloten vennootschap) Lynk Solutions B.V., having its registered office and principal place of business at Stationsplein 45, 3013AK in Rotterdam, registered with the Dutch Chamber of Commerce under number 81836821;
Offer: the proposal from Lynk to the Customer for the provision of the Services and the use of the Application;
Order: the written agreement between the Parties setting out the key terms and conditions regarding the use of the Application, the License, and the Subscription;
Package: a License type specified in the Order, including the scope of the License and corresponding fees;
Parties: Lynk and the Customer jointly;
Personal Data: any data or information relating to an identified or identifiable natural person within the meaning of the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016);
Services: the services to be provided by Lynk in accordance with the Agreement;
SLA: the Service Level Agreement containing arrangements regarding maintenance, updates, and support for the Application;
Subscription: the agreement between the Parties regarding periodic payment for the use of the Application and the provision of the Services;
Trial Period: a specific period of time that must be explicitly stated in the Order, including its exact duration (e.g., number of days or months), during which the Customer may evaluate the Application and Services. If the Order does not explicitly mention both a Trial Period and its duration, it shall be deemed that no Trial Period applies and the Subscription and all associated obligations shall commence fully on the commencement date. If a Trial Period is included, it shall commence on the commencement date of the Subscription;
Working Days: Monday through Friday from 09:00 hours through 17:00 hours (CET), with the exception of officially recognized national public holidays in the Netherlands.
Article 2. Scope of application
These General Terms and Conditions apply to all Offers, Orders, requests, notifications, availabilities, Agreements, and other legal relationships, whereby Consultancy however named is provided and/or offered to Customer by Lynk.
The applicability of purchase or other (general) terms and conditions of Customer is explicitly excluded.
Lynk is entitled to amend these General Terms and Conditions unilaterally. Lynk shall notify Customer of the amendment and/or new version of the General Terms and Conditions by email to the Designated Authorized Representative thirty (30) days prior to the commencement date of the amendment and/or new version of the General Terms and Conditions at the latest. If and when Customer does not wish to accept the amendment and/or new version of the General Terms and Conditions, the Designated Authorized Representative may notify Lynk of this in writing up to fourteen (14) days prior to the commencement date at the latest. Lynk is subsequently entitled to terminate the Agreement per the commencement date of the amendment and/or new version of the General Terms and Conditions. If and when Lynk does not receive a (timely) response from the Designated Authorized Representative, then the amendment and/or new version of the General Terms and Conditions are regarded as accepted.
Deviations from and supplements to these General Terms and Conditions apply only when these have been agreed upon explicitly in writing by Parties.
When a provision in these General Terms and Conditions is in conflict with a provision in the Order, the provision in the Order prevails.
If and when any provision of these General Terms and Conditions or of the Agreement is null and void or is declared null and void, the other provisions of the General Terms and Conditions or the Agreement remain in full force. To replace the provision that is null and void or has been declared null and void Parties shall in consultation negotiate a new provision that follows the purport of the provision that is null and void or has been declared null and void to the maximum extent possible.
In the event of any conflict between agreements or provisions in the Order, the SLA (if applicable) and the General Terms and Conditions, the following order of precedence shall apply to determine which provision takes precedence: (1) the Order; (2) the SLA (if applicable); and (3) the General Terms and Conditions.
Article 3. Proposals
All Offers and other manifestations by Lynk are without obligation and revocable, even if and when this offer includes a term.
Customer guarantees the correctness and completeness of the information provided by them or on their behalf to Lynk upon which Lynk has based its Offer, with the exception of evident typing errors. Any additional work, related to and/or as a consequence of the inaccurate provision of information as referred to here, shall be charged to Customer based on the going rates of Lynk at that time.
After acceptance Lynk is entitled to revoke the Offer within two (2) working days after receipt of the acceptance by Customer.
All periods stated in the Offer and the Order regarding Lynk are to be regarded by Parties merely as target terms, do not bind Lynk and are merely of an indicative nature.
All periods stated in the Offer and Order regarding Customer are to be regarded by Parties as final deadlines.
Article 4. Formation and performance of the Agreement
An Agreement becomes effective the moment the Order is signed by both Parties, unless the Order contains a different start date.
The content of the Agreement can only be amended and/or supplemented if Parties agree upon said amendments and or supplements in writing, except in the case of the following change: the Customer exceeds the limit of the Package in use. In that case, the Customer will automatically switch to a larger Package and Lynk will only inform the Designated Authorized Representative.
The Customer shall appoint a Designated Authorised Person in the Order who, on the basis of this Agreement, may act on behalf of the Customer in a legally binding manner within the scope of the Agreement. The Designated Authorised Representative is the point of contact for Lynk on behalf of the Customer for the performance of the Customer's obligations under the Agreement. Lynk is entitled to address its communications regarding the Agreement, which are legally binding, solely to the Designated Authorised Representative. Notwithstanding the foregoing provision, the Customer's legally authorised representative may change the Designated Authorized Representative by sending an email to Lynk, which change is considered binding after written confirmation by Lynk.
Lynk is not bound to statements, offers, agreements of other manifestations by subordinates of Lynk, unless these are confirmed in writing by the legal representative of Lynk. Subordinates of Lynk are in this context to be regarded as all staff and employees, not being the legal representative of Lynk.
Lynk will only proceed to conduct other and/or additional work, that falls outside the scope of the original assignment, until Parties have agreed upon this in writing.
Lynk works remotely in principle, and performing work at the Customer's location or at a location designated by the Customer is only possible at the Customer's expense and after written agreement between the Parties.
All delivery dates stated by Lynk shall be observed to the extent possible but can never be regarded as final deadlines. If and when a delivery date is to be exceeded, Parties shall consult at the earliest opportunity regarding a new date.
Lynk is entitled to enlist third parties for the performance of the Agreement. Enlisted third parties are also subject to these General Terms and Conditions. Lynk is entitled to provide those third parties access to the Application, Customer Data and Account details of Customer for the execution of the Agreement. These third parties will be bound by Lynk to identical confidentiality obligations as those set out in Article 7.
During the Trial Period, the Parties enter the Agreement with a mutual intention of long-term cooperation, committing the necessary resources and stakeholders for evaluation. This period is specifically intended for the Customer to evaluate whether Lynk fulfills the use cases agreed upon at or near the conclusion of the Agreement. The Customer may terminate the Agreement and Subscription by providing written notice to Lynk at least seven (7) days before the end of the Trial Period. If such notice is provided, the Agreement shall terminate at the end of the Trial Period. In the absence of a timely termination notice, the Subscription shall automatically continue for the initial term specified in the Order.
Lynk has the right to use AI-models within the Application and in the performance of the Services. When Lynk is using AI-models in the Application and/or in the Services, there is no constant human supervision on the results of the used AI-models. Lynk does, however, apply automated checks on the accuracy and consistency of the AI-models used. Lynk solely monitors the expected accuracy of the AI-models used.
If a Service is provided with use of an AI-model, the Service and its results may contain imperfections. Lynk does not guarantee that the Service is or its results are complete of error-free and accepts no liability for damages resulting of decisions made by the Customer on the basis of the results of the Service, except in cases of intent of gross negligence by Lynk.
When using the Application, the Customer may use AI-models which are provided in the Application or connected to the Application. The use of those AI-models within or by the Application is at the Customer's own responsibility, expense and risk. The use of AI-models that are not owned by Lynk are subject to the (licence) terms and conditions of the relevant suppliers. The use of AI-models that are owned by Lynk are subject to the (licence) terms as included in these General Terms and Conditions.
Lynk’s AI-models are trained using Customer Data, which is always anonymised before being used as training data. If a Customer does not want this, they can opt out, with the result that the Customer will not have access to smarter AI-models trained on data from other Customers that have not opted out. Third-party AI-models are configured so that they do not train with Customer Data.
The Customer must use the AI-model in line with its intended use, any instructions for use, and in compliance with the AI Act and other relevant laws and regulations. The Customer is aware of the characteristic feature of AI-models that they may contain changing and self-learning technology, whereby the outcomes of the AI-model's conclusions may change. The results of using the AI-models depend on the Customer Data used and its quality. Lynk therefore does not guarantee that the results are always correct, complete or accurate.
Customer is responsible for fulfilling their obligations under the AI Act, such as providing human supervision and ensuring a sufficient level of AI literacy.
Lynk may make beta or test models of (functionality of) the Application or
AI-models available to the Customer that are initially free of charge, but for which Lynk may later charge an additional fee at its own discretion.Lynk is entitled to permanently discontinue (part of) the Services, Application or AI-models. Lynk will notify the Customer in writing at least three (3) months in advance. If such discontinuation materially and adversely affects the Customer’s essential use flow of the Services or Application, and no reasonably equivalent alternative functionality is provided, the Customer is entitled to terminate the Agreement in writing with effect from the date of discontinuation, without being liable for any further payment obligations beyond that date.
Lynk is entitled to make video and/or audio recordings of meetings with Customer both prior to the signing of the Agreement and during the term of the Agreement. These recordings may be used for contributing to customer success, providing support, taking meeting notes, product development, internal training of employees, and for marketing purposes, including the use of quotes, provided that Lynk shall take the necessary measures to ensure that this processing of data and any Personal Data is carried out lawfully.
Terms and conditions regarding maintenance and support in relation to the Application are included in the SLA. If Parties do not sign an SLA the following applies:
Lynk will perform maintenance and provide updates for the Application at its own discretion.
Customer may provide Feedback and support requests by email to the email address provided by Lynk for this purpose. Lynk will handle these at its own discretion and without any commitment to respond or resolve issues within a specific time frame, except for Urgent Disruptions as set out below.
In the event of a disruption classified as urgent by the Customer, Lynk shall respond within one (1) hour, provided that the notification is made both by email (support@lynk.so) and by telephone (088 252 2600).
The response time for urgent disruptions applies exclusively during Working Days (09:00 through 17:00 hours CET).
For urgent disruptions relating to components of the Service developed by Lynk itself, Lynk shall immediately deploy its internal technical team and strives to resolve such disruptions within one (1) Working Day.
Lynk exclusively selects third-party partners with high reliability standards, strict security, and high uptime guarantees. If an urgent disruption is caused by a third-party application, Lynk is dependent on the recovery times of said third party and a one-day resolution cannot be guaranteed.
In the event of a cybersecurity incident — including unauthorized access to systems, data leakage, email compromise, or any other event affecting the confidentiality, integrity, or availability of Customer Data — Lynk shall:
notify the Designated Authorized Representative within 24 hours of detection;
provide a detailed incident report within 72 hours, describing the nature and scope of the incident, affected systems and data, estimated impact, and containment measures taken or underway;
deliver a final summary within one month, including forensic findings where available, remediation actions, and measures to prevent recurrence. Both Parties shall cooperate fully in the analysis, containment, and mitigation of any incident. In the event of a suspected email compromise or fraud incident, Parties shall verify any communication or requests regarding invoicing and payment through a secondary channel (telephone or video call) before acting on such requests.
Article 5. Price and payment
All prices are excluding turnover tax (VAT) and other levies that are imposed by the government. All prices stated by Lynk are in Euros and Customer must pay in Euros, unless otherwise agreed upon in writing.
Any costs due to additional work, that are related to and/or are the consequence of inaccurate provision of information as referred to in article 3 paragraph 2 or article 6 of these General Terms and Conditions, are never included in the price agreed upon and are charged to Customer based on the going rates of Lynk at that time.
Lynk is entitled to unilaterally change the prices and Packages and will inform the Customer of this in writing two months prior to the effective date of the change. Customer may terminate the Agreement on the effective date of the change by giving written notice to Lynk.
The provisions referred to in the third paragraph of this article also apply when the price amendment occurs at a supplier of Lynk, resulting in them amending their price in relation to Lynk.
Notwithstanding the provisions of paragraph 3 and 4, Lynk shall at all times be entitled to adjust prices annually on the basis of the price indices of the Services Price Index (DPI): commercial services and transport: 'Information & Communication': “computer programming, consultancy & related services” or – if relevant in view of the agreed services – “information services” (index 2021=100) as published by Statistics Netherlands (CBS), or by 3%, whichever amount is higher. Adjusting prices based on indexation does not entitle the Customer to terminate the Agreement.
Amounts owed to Lynk are paid by Customer in accordance with what has been agreed upon in the Order or on the payment terms stated on the invoice. In the absence of a specific arrangement, the Customer must pay an invoice within thirty (30) days after the invoice date. Lynk is entitled to carry out its invoicing electronically and to send the invoices electronically.
In the event of a termination under the Trial period, the Customer remains liable for the subscription fee for the duration of the Trial period, but no further monthly or annual fees for the remainder of the initial term shall be due.
If Customer consists of multiple (legal) entities or enterprises, then each of those (legal) entities are bound towards Lynk jointly and severally to performance of all obligations under the Agreement.
Regarding the performances by Lynk and the amounts payable for those by Customer the information from the accounts of Lynk supply full evidence, without prejudice to the right of Customer to supply evidence to the contrary.
If and when Customer does not pay the amounts payable or does not pay them on time, Customer is, without any demand or notice of default required, from the expiry of the period agreed or stated in paragraph 5, owed the statutory default interest rate applicable at that time (in 2026: 10.15% per annum for commercial transactions) per month over the overdue amount. If and when Customer after demand or notice of default remains in default to pay the debt, then Lynk may refer the debt for collection and Customer is in addition to the then total amount owed also bound to payment of all reasonable legal and other costs.
Lynk is entitled to sell, transfer, or pledge its claims to payment to a third party.
Customer is not entitled to suspension of any payment or to set off amounts payable.
Article 6. Customer Obligations
The Customer is obliged to provide Lynk with all necessary information, data, and (access to) facilities in a timely manner, in the required form, and in the required manner for the performance of the Agreement. Immediately after signing the Agreement, the Customer shall provide the invoicing details requested by Lynk, including the email address and contact person for administrative inquiries.
The Customer guarantees that the data, information, designs, and specifications provided to Lynk for the purpose of configuring, implementing, or integrating the Application and the Services are lawful, accurate, and complete, including where such materials originate from third parties. This guarantee does not apply to Customer Data processed by the Customer through the use of the Application in the ordinary course of business.
The Customer is obliged to compensate Lynk for any losses suffered, including costs incurred, lost profits, and lost interest, if and when such loss is the consequence of the amendment and/or termination of the Agreement, irrespective of the reason therefor, except in cases of force majeure.
The Customer shall not sell, transfer, or pledge any rights and obligations under an Agreement to a third party, unless explicitly otherwise agreed upon in writing.
Article 7. Non-disclosure and confidentiality
Lynk and Customer ensure that secrecy is observed with respect to all information received from the other party – including in any case information regarding the Application delivered by Lynk, AI-models, methods of working, prices adopted, discounts and terms and conditions – of which one knows or should reasonably know that these are of a confidential nature. Information is in all cases regarded to be confidential if and when it has been stated to be such by one of the Parties.
This ban does not apply if and when and to the extent that provision of the
information concerned to a third party is necessary pursuant to a court decision, a statutory requirement, under a statutory order by a government agency, the obtaining of legal advice and assistance or for the good performance of the Agreement. The party receiving confidential information shall use this only for the purpose to which it has been made available.This ban also does not apply to information that was already public prior to Lynk receiving it or that has later become public without this being attributable to Lynk.
The party receiving the confidential information will only use this for the goal for which the information was shared. It is not allowed to use the information for own purposes.
The Parties are obliged to handle the information provided and received with care, even if such information is not explicitly marked or qualified as confidential.
The party receiving the confidential information will fittingly protect and secure the information against unauthorized access and wrongful use.
The party receiving the confidential information is under obligation to directly cease the use of information and destroy or return the information if asked to do so by the other party, unless the receiving party has a remaining right of use such as Lynk’s right of use as referred to in article 9 paragraph 4 and 5 or the use of the information is necessary pursuant to a legal provision, a court decision, a statutory requirement, under a statutory order by a government agency or the obtaining of legal advice and assistance.
The GDPR applies to the processing of Personal Data. If necessary, the Parties will enter into a separate processing agreement for the processing of Personal Data by Lynk on behalf of Customer.
Article 8. Suspension
If and when Customer does not meet all payments due under the Agreement, Lynk is entitled to suspend its obligations under the Agreement until the payment obligations under the Agreement have been met.
If and when there is a matter of inaccurate provision of information by Customer as referred to in article 3 paragraph 2 or data, information, designs or specifications that contain inaccuracies knowable to Lynk, as referred to in article 6 paragraph 2 of these General Terms and Conditions, Lynk is entitled to suspend its obligations under the Agreement and these General Terms and Conditions until Lynk can perform the Agreement, without let or hindrance due to lacking or inaccurate information.
Article 9. Intellectual Property and License
All intellectual property rights in and to the Application, AI models, data files, databases, hardware, drawings, calculations, models, designs, analyses, and preparatory materials thereto, as well as documentation and other information relating to the Application, AI models, and the use thereof, vest exclusively in Lynk.
Save for the user rights explicitly granted by mandatory operation of law, the Customer shall exclusively acquire the following License for the duration of the Subscription: a temporary, non-transferable, non-pledgeable, and
non-sublicensable right of use to employ the Application within the Customer’s own
business and organization. The scope of this right of use is limited as set forth in the Order and the General Terms and Conditions, including but not limited to: the number of users, storage and processing capacity, upload limits, and duration. Lynk reserves the right to apply a fair use policy to monitor and prevent, inter alia, abuse or improper use of data processing by the Customer. The Customer shall strictly comply with this fair use policy.The Customer is prohibited from:
selling, distributing, transferring its rights to any third party, or otherwise commercially exploiting them in any manner other than as explicitly permitted under the Agreement;
making the Application available to any person who is not an Authorized User, including but not limited to sharing login credentials – login credentials are strictly personal and may not be used by anyone other than the individual to whom they have been assigned;
copying or reproducing the design of the Application or any parts thereof, or copying or attempting to copy the source code of the Application, for instance by creating and sharing screenshots or video recordings of the Application;
using the Application, or causing the Application (or any part thereof) to be used, to develop a competing Application or assisting any third party in developing a competing
Application;using the Application to process illegal, criminal, or tortious data or other
information;using the Application in excess of the specified parameters and limitations of such use, including the number of Authorized Users, storage capacity, processing capacity, upload limits, and duration.
With respect to the use of AI models, the Customer is furthermore prohibited from:
misleading third parties by suggesting that AI-generated content is originating from a human being;
using the AI models to generate unlawful content or misleading information, or to infringe upon the rights of third parties;
copying or reproducing the design of the AI models or any parts thereof, or copying or attempting to copy the source code of the AI models, for instance by creating and sharing screenshots or video recordings of the Application;
using the AI models, or causing the AI models (or any part thereof) to be used, to develop a competing AI model or assisting any third party in developing a competing AI model;
using the AI models to process illegal, criminal, or tortious data or other
information;using the AI models in excess of the specified parameters and limitations of such use, including the number of Authorized Users, storage capacity, processing capacity, upload limits, and duration.
The Customer retains sole ownership of and entitlement to the Customer Data, including any intellectual property rights vested therein. The Customer hereby grants to Lynk, for the duration of the Agreement, a royalty-free right to use the Customer Data for the performance of the Agreement, including the storing, hosting, processing, analyzing, displaying, reproducing, modifying, and creating of derivative works, as well as providing technical support, performing audits, and analyzing Application usage to optimize and improve the Application. Furthermore, the Customer hereby grants to Lynk an irrevocable, perpetual right to utilize the Customer Data for the training of AI models, and to utilize Feedback for the improvement, modification, and renewal of the Services, the Application, and the AI models, without Lynk liability for any compensation or consideration whatsoever.
The Customer hereby grants to Lynk, for the duration of the Subscription, the right to
publish the logo and trade name (including any registered trademarks) of
the Customer on Lynk's website, as well as the right to use (jointly) developed usecases, video materials, and white papers for commercial, marketing, and training
purposes.
Section 10. Term and termination of the Agreement and Subscription
The Agreement comes into effect on the date of the last signature of the Order. The Subscription starts on the commencement date of the Subscription as specified in the Order. The duration of the Agreement is equal to the duration of the Subscription, as specified in the Order. Termination of the Agreement means termination of the Subscription and vice versa.
The Agreement and the Subscription will always be automatically renewed for periods equal to the initial period or the renewal period specified in the Order, unless one of the Parties has terminated the Agreement or Subscription in writing, subject to a notice period of three months prior to the end date of the then current term.
Notwithstanding the three-month notice period mentioned in Article 10.2, the Customer may terminate the Agreement during the Trial period.
Parties are entitled to terminate the Agreement by registered letter in full or in part with immediate effect without further notice of default, without judicial intervention and without being bound to paying compensation, when:
when the other party has been granted provisional or final suspension of
payment;the other party has been declared bankrupt or their bankruptcy has been filed for;
the company of the other party is wound up or terminated other than for the purpose of reconstruction or merger of companies.
If and when the Agreement is terminated under the preceding paragraph the performances already carried out cannot be undone and the amount of the payment owed by Customer for the performances of Lynk shall be calculated pro rata of completion of the Agreement.
Lynk is entitled to terminate the Agreement in full or in part if and when Customer fails to meet one or more obligations under the Agreement, after Lynk has first sent Customer a notice of default in writing and has granted a reasonable period to meet those obligation(s), and Customer still fails. The notice of default and reasonable period may be omitted if and when performance by Customer is no longer possible. Termination in part in this respect entails Customer owing Lynk a compensation pro rata of completion of the Agreement. Any advance payments to Lynk are not subject to reversal as a consequence of the termination as referred to
in this paragraph.Customer is entitled to terminate the Agreement in full or in part by written notice, without judicial intervention, if Lynk fails materially in the performance of its obligations under the Agreement — including obligations regarding data security and incident reporting — and such failure is not remedied within thirty (30) days after Customer has sent Lynk a written notice of default, unless the nature of the failure makes remedy impossible or unreasonable, in which case Customer may terminate with immediate effect.
Obligations which by their nature are intended to continue after termination of the Agreement will continue accordingly. Lynk is entitled to investigate whether Customer meets these obligations. The obligations referred to in this provision include at least those regarding nondisclosure and confidentiality (article 7) and Intellectual property (article 9) and liability and indemnity (article 11).
Upon termination of the Agreement, regardless of the reason, the Customer retains the right to access their Customer Data. Lynk will enable the Customer to export their Customer Data in a commonly used, machine-readable format free of charge for a minimum of sixty (60) days after termination. Lynk is entitled to, and will delete all Customer Data after that period.
The provisions in this article, are without prejudice to the other possibilities for termination, that Parties have agreed upon in writing.
Article 11. Liability and Indemnity
The total liability of Lynk due to attributable failures in the performance of the Agreement or on whatever legal ground, explicitly including each failure in the performance of a guarantee or indemnity obligation agreed upon with Customer, is limited to compensation of loss as detailed in this article.
Direct damage is limited per occurrence or per series of interrelated occurrences to a maximum of the amount of the price (excluding VAT) stipulated in the Agreement, which price is set for the total amount of payments Customer is obliged to Lynk over one year. In no case shall the total liability of Lynk for direct damage, on whatever legal ground however amount to more than twenty-five thousand Euros (€ 25,000.-). If, due to the same cause, several customers simultaneously suffer damage attributable to Lynk, the total compensation owed by Lynk to Customer and all other customers who have suffered damage shall never exceed the extent of the amount actually paid out by the insurer; the compensation is then distributed proportionally.
Indirect damage and/or consequential loss, including lost profit, lost savings, diminished goodwill, loss through business interruption, damage resulting from claims from customers of Customer, damage related to the use of matters that have been stipulated to Lynk by Customer, materials, or software of third parties and damage related to the use of suppliers that have been stipulated to Lynk by Customer are excluded. Also excluded is the liability of Lynk related to corruption, destruction or loss of data or documents.
Lynk is not liable for exceeding a delivery period laid down in the Agreement or otherwise laid down in writing.
The limitations of liability under this article do not apply if and when and to the extent that there is a matter of intent or wilful recklessness by Lynk.
Condition for the establishment of any right to compensation for losses is always that Customer notifies Lynk of the damage promptly, yet in any case within two (2) months after the occurrence thereof, in full and in writing by registered letter.
Customer hereby indemnifies Lynk against claims from third parties relating to rights of intellectual property or any other rights to the materials or data supplied by Customer, that are used in the performance of the Agreement and to the Customer Data that is processed by the Application.
Customer hereby indemnifies Lynk against all claims from third parties – which include shareholders, directors, and staff of Customer, as well as affiliated legal entities and companies and others involved with the organisation of Customer – that ensue from or are related to the performance of the Agreement.
The provisions referred to in this article and all other limitations and exclusions of liability stated in these General Terms and Conditions apply in part for the benefit of all (legal) entities of which Lynk and its suppliers make use for the performance of the Agreement.
Article 12. Force Majeure
None of the Parties shall be bound to the performance of any obligation, including any statutory and/or agreed guarantee obligation, if and when they are prevented therefrom as a consequence of force majeure. Force majeure on the part of Lynk is understood to include: (i) force majeure of suppliers of Lynk, (ii) suppliers that have been prescribed to Lynk by the Customer failing to properly meet their obligations, (iii) deficiencies in goods, equipment, software, or materials of third parties the use of which has been prescribed to Lynk by the Customer, (iv) government measures, (v) power outages, (vi) disruption of the internet, data networks, or telecommunication facilities, and (vii) (cyber) crime, (cyber) vandalism, war, or terrorism.
If and when a force majeure situation continues for more than sixty (60) days, or when it is indisputable that it will continue for more than sixty (60) days, each of the Parties is entitled to dissolve the Agreement in writing by registered letter. Services already rendered under the Agreement shall in that case be settled on a pro-rata basis, without the Parties owing each other anything further. This right shall lapse upon the expiry of four (4) weeks after the force majeure situation has ceased to exist.
Section 13. Penalty Clause
These General Terms and Conditions include a number of obligations for
Customer that are the core of and/or form an integral part of the core of the
General Terms and Conditions, to such an extent that in the case of a full or partial breach thereof, Parties may impose the following penalties against each other.The obligations laid down in article 7 (Nondisclosure and confidentiality) are charged with a penalty of fifteen thousand Euros (€ 15,000.-) as a lump sum and a penalty of one thousand five hundred Euros (€ 1,500.-) for each day that such a breach continues.
The obligations laid down in article 9 (Intellectual property) are charged with a penalty of twenty-five thousand Euros (€ 25,000.-) as a lump sum and a penalty of two thousand five hundred Euros (€ 2,500.-) for each day that such a breach continues.
The penalties explicitly do not prejudice the right of Parties to claim performance, termination, or full compensation.
Article 14. Miscellaneous provisions
Agreements and/or terms and conditions agreed upon between Parties prior to entering into the Agreement, if and when they are in conflict with any provision of these General Terms and Conditions and/or of the Agreement, shall be nullified.
A party not exercising any right or employing any legal remedy does not constitute a waiver of that right or legal remedy.
Dutch law applies to all agreements entered into by Lynk and the ensuing
obligations. Applicability of the Vienna Convention on Contracts for the
International Sale of Goods 1980 is excluded.All disputes arising from and/or related to these General Terms and Conditions and the legal relationships established between Parties will be resolved by the competent Dutch court in Rotterdam.
Change Log
June 2026:
Article 4.20 (new) — Added cybersecurity incident notification obligations for Lynk, including a 24-hour initial notification, 72-hour detailed report, and one-month final summary to the Designated Authorized Representative.
Article 10.7 (new) — Added Customer's right to terminate the Agreement for material breach by Lynk, including failures regarding data security and incident reporting, after a 30-day notice of default period.
