FirstTech Solution




Terms & Conditions

General Terms

These conditions are applicable to all offers, quotations, and agreements between FirstTech Solution and a Client, unless expressly and in writing deviated from by both parties.

These terms also extend to agreements where FirstTech Solution must engage third parties for implementation.

Furthermore, these general terms and conditions are intended for use by the employees and management of FirstTech Solution.

Should any provision of these terms be null or void, the remaining provisions will continue to apply. FirstTech Solution and the Client will engage in discussions to establish new provisions, considering the original intent of the nullified provisions.

Any uncertainty regarding the interpretation of these terms shall be resolved in line with their intended purpose.

In cases not expressly covered by these terms, the parties will interpret matters in alignment with the general spirit of these conditions.

FirstTech Solution’s occasional leniency in enforcing these conditions does not waive its right to enforce them strictly in other instances.

Online Sales and Offers

These terms govern all offers made by FirstTech Solution and all distance contracts between FirstTech Solution and consumers via the Website.

Consumers who accept and pay for an offer electronically will receive immediate electronic confirmation of acceptance from FirstTech Solution. Until such confirmation is received, consumers may terminate the agreement.

FirstTech Solution reserves the right to refuse orders in case of non-payment.

In cases of order cancellation without valid reasons provided in advance, consumers may be liable for incurred expenses and work costs.

Upon withdrawal notification from the consumer, FirstTech Solution will promptly confirm receipt electronically.

FirstTech Solution will reimburse consumers using the same payment method unless agreed otherwise.

Prices listed on the website are subject to change; the price applicable is that shown at the time of ordering, unless affected by VAT rate changes.

Quotations and Offers

Quotations and offers provided by FirstTech Solution are non-binding, unless a specific acceptance period is mentioned. If no timeframe for acceptance is specified, the Client cannot hold FirstTech Solution to the quotation or offer if the product or service becomes unavailable in the meantime.

FirstTech Solution is not bound by its quotations or offers if it is evident or reasonable for the Client to understand that they contain obvious errors or typos.

Delivery times mentioned in quotations are approximate and exceeding them does not entitle the client to terminate the agreement or claim compensation, unless explicitly agreed otherwise.

Quoted prices do not include VAT, government levies, or other related costs unless stated otherwise.

If the Client’s acceptance deviates from the offer in the quotation, FirstTech Solution is not obligated to accept it. The agreement will not be formed based on this deviating acceptance unless explicitly agreed otherwise by FirstTech Solution.

A composite quotation does not obligate FirstTech Solution to perform part of the assignment for a proportionate price. Quotations or offers do not automatically apply to future assignments.

FirstTech Solution is not obligated to commence the assignment until the Client returns the signed order confirmation for approval.

Contract Duration, Implementation, and Amendment

  1. Contract Duration: The agreement between FirstTech Solution and the Client is typically indefinite, unless otherwise agreed upon in writing or the nature of the agreement necessitates a specific duration.

  2. Performance Periods: Agreed performance or delivery deadlines are not strict and may be subject to reasonable extension. If a deadline is exceeded, the Client must provide written notice of default and allow FirstTech Solution a reasonable period to fulfill the agreement.

  3. Execution and Quality: FirstTech Solution will execute the agreement to the best of its abilities and in accordance with industry standards and current knowledge. It reserves the right to subcontract certain tasks.

  4. Facilities and Location: If work is conducted at the Client’s or designated location, the Client must provide necessary facilities like workspace and utilities at no cost to FirstTech Solution.

  5. Phased Execution: FirstTech Solution may execute the agreement in phases and invoice each phase separately. It may also suspend subsequent phases until the Client approves preceding phase results.

  6. Information Provision: The Client must timely provide all necessary information for agreement execution. Failure to do so may result in execution delays or additional costs, for which the Client is liable.

  7. Third-Party Work: FirstTech Solution is not liable for work performed by third parties it engages under agreement. The Client indemnifies FirstTech Solution against claims arising from such work.

  8. Amendment of Agreement: If changes are needed during agreement execution, both parties will adjust the agreement accordingly. Changes may affect costs, timeline, or other terms, for which FirstTech Solution will provide a quote in advance. Amendments require mutual approval.

  9. Refusal of Amendment: FirstTech Solution may refuse amendment requests if they would significantly impact the work or delivery terms.

  10. Client Obligations: The Client is liable for any damage caused to FirstTech Solution directly or indirectly due to failure to fulfill obligations.

  11. Indemnification: The Client indemnifies FirstTech Solution against any third-party claims arising from agreement execution attributable to the Client.

Suspension, Termination, and Amendment of Agreement

FirstTech Solution reserves the right to suspend its obligations or terminate the agreement under certain circumstances:

  1. If the Client fails to fulfill their obligations, either partially or in a timely manner, after being notified by FirstTech Solution.
  2. If there are reasonable grounds to believe that the Client will not fulfill their obligations.
  3. If the Client fails to provide security for their obligations as requested during agreement formation.
  4. If, due to Client delays, FirstTech Solution cannot reasonably fulfill the agreement under the initially agreed conditions.

Additionally, FirstTech Solution may terminate the agreement if:

  1. Circumstances arise making agreement compliance impossible.
  2. Other circumstances arise making it unreasonable for FirstTech Solution to continue the agreement.

Upon agreement dissolution, FirstTech Solution’s claims on the Client become immediately due. If FirstTech Solution suspends obligations, it retains its legal and agreement-based claims without any obligation to compensate for damages or costs resulting from the suspension.

If termination is due to the Client’s actions, FirstTech Solution is entitled to compensation for direct and indirect damages and costs.

In case of the Client’s failure to meet obligations justifying dissolution, FirstTech Solution can terminate the agreement without compensation, while the Client remains liable for damages.

If FirstTech Solution terminates the agreement prematurely, it will coordinate with the Client to transfer remaining work to third parties, unless the termination is the Client’s fault. Any additional costs incurred by FirstTech Solution for this transfer will be borne by the Client, payable within the specified period.

FirstTech Solution has the right to terminate the agreement immediately if the Client faces financial difficulties or loses access to their assets. In such cases, FirstTech Solution’s claims become immediately due.

If the Client cancels an order, they will be charged for completed work and reserved working time.

Provision of Information and Cooperation

The Client agrees to proactively and promptly provide FirstTech Solution with all relevant and necessary data or information for the effective execution of the agreement, and to offer full cooperation throughout the assignment.

Responsibility for the utilization and implementation of equipment, software, and services within the Client’s organization, as well as for the implementation of control and security procedures and adequate system management, rests with the Client.

If essential information required for the execution of the agreement is unavailable, delayed, not as agreed upon, or if the Client fails to meet its obligations in any other manner, FirstTech Solution reserves the right to suspend agreement execution and may charge resultant costs at its standard rates.

FirstTech Solution bears no liability for damages arising from reliance on inaccurate or incomplete information provided by the Client, unless such inaccuracies or incompleteness were known to FirstTech Solution.

When FirstTech Solution employees work on-site at the Client’s premises, the Client shall provide necessary facilities such as workspace, telecommunications, and internet access, at no cost.

The Client shall indemnify FirstTech Solution, including its employees, against claims from third parties resulting from damages incurred during agreement execution due to the Client’s actions or negligence, or due to unsafe conditions within the Client’s organization.

Subject to the Client’s rights, the Client expressly consents to the inclusion of client (personal) data in FirstTech Solution’s personal registry for administrative and management purposes. This registry contains identification and procedural data and is accessible only to FirstTech Solution. Information will not be shared with third parties unless permitted by the Client or required by law or court order.

FirstTech Solution retains the right to feature the Client’s name, logo, and project details on its website for reference purposes and to share with third parties for informational purposes. Parties may establish further written agreements regarding the treatment of project-specific data designated as confidential by the Client.

Change of Assignment and Additional Work

If FirstTech Solution carries out work or services outside the original scope of the assignment, at the request or with the prior consent of the client, the client will be invoiced for such additional work at FirstTech Solution’s standard rates.

FirstTech Solution is not obligated to undertake additional work beyond the original agreement unless agreed upon in writing.

Clients acknowledge that any changes or expansions to the services may impact project timelines, objectives, and expectations.

If a fixed price has been agreed upon, FirstTech Solution will provide the client with written notification of the financial implications of any additional work upon request.

Clients understand that changes to the agreed-upon services may affect project timelines and objectives. FirstTech Solution will promptly inform the client of any such changes.

Force Majeure

FirstTech Solution is not obligated to fulfill any obligations towards the client if prevented from doing so due to circumstances beyond its control, including those not attributable to its fault, and not governed by law, legal acts, or generally accepted views.

Force majeure, as defined in these terms and conditions, encompasses all external causes, foreseen or unforeseen, over which FirstTech Solution has no control, rendering it unable to fulfill its obligations. This includes strikes within FirstTech Solution or by third parties. FirstTech Solution reserves the right to invoke force majeure if circumstances preventing further fulfillment of the agreement arise after it should have fulfilled its obligations.

During the period of force majeure, FirstTech Solution may suspend its obligations under the agreement. If this period extends beyond two months, each party has the right to terminate the agreement without liability for damages.

If FirstTech Solution has partially fulfilled its obligations under the agreement at the onset of force majeure or can fulfill them despite the circumstances, it may invoice separately for the fulfilled or to-be-fulfilled portion. The client is required to pay this invoice as if it were a separate agreement.

Payment and collection costs

Payment must always be made within 14 days after the invoice date, in a manner to be specified by
FirstTech Solution in the currency in which the invoice was issued, unless otherwise indicated in writing by FirstTech Solution. FirstTech Solution is entitled to invoice periodically.

If the Client fails to pay an invoice on time, the Client is legally in default. The Client will then owe interest of 3.5% + VAT per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.

FirstTech Solution has the right to have payments made by the Client firstly deducted from the costs, then from the accrued interest and finally from the principal sum and the current interest. FirstTech Solution may, without being in default, refuse an offer of payment if the Client designates a different order for the allocation of payment. FirstTech Solution may refuse full payment of the principal amount if the outstanding and ongoing interest and collection costs are not also paid.

The Client is never entitled to set off any amounts owed to FirstTech Solution. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to rely on the official section is also not entitled to suspend payment of an invoice for any other reason.

If the Client is in default or in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in country debt collection practice. However, if FirstTech Solution has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.

Complaints and Complaint Period

Clients must submit written complaints regarding work performed within 3 days of discovery or within 3 days after completion of the work.

If a complaint is valid, FirstTech Solution will endeavor to rectify the issue as agreed, unless doing so proves futile, in which case the client must notify us in writing.

In cases where providing the agreed services becomes impractical or impossible, FirstTech Solution’s liability is limited.

Submitting a timely complaint does not exempt the client from payment obligations. The client remains responsible for payment of all ordered items.

Any complaints reported after the stipulated period will not be eligible for repair or compensation.

If a complaint is found to be unsubstantiated, the client will be responsible for any resulting costs, including those incurred by FirstTech Solution.


If FirstTech Solution is found liable, its liability is limited as specified in this provision.

FirstTech Solution is not liable for any damages resulting from incorrect or incomplete information provided by or on behalf of the client.

In the event of liability, FirstTech Solution’s liability is capped at the invoice value of the assignment, or at least to the relevant portion of the assignment. For assignments exceeding three months, liability is limited to the fee received by FirstTech Solution over the last 3 months related to the specific assignment.

The liability of FirstTech Solution is always limited to the amount covered by its insurance policy, if applicable.

FirstTech Solution is solely liable for direct damages, with indirect damages excluded. Direct damages are reasonable costs incurred to determine and remedy the cause and extent of the damage, as well as costs incurred to prevent or limit damage, provided they can be attributed to FirstTech Solution. FirstTech Solution bears no liability for indirect damages, including consequential damages, lost profits, missed savings, or damages due to business stagnation.

These limitations of liability do not apply in cases of intent or gross negligence on the part of FirstTech Solution or its managerial subordinates.


The Client agrees to indemnify FirstTech Solution against any claims from third parties resulting from the execution of the agreement, where the cause of such claims is attributable to parties other than FirstTech Solution. If FirstTech Solution is sued by third parties for such reasons, the Client is obligated to provide both extrajudicial and court assistance to FirstTech Solution promptly and to the fullest extent necessary. Failure by the Client to take adequate measures obliges FirstTech Solution to take action itself without prior notice. All costs and damages incurred by FirstTech Solution and third parties as a result are entirely the responsibility and liability of the Client.

Intellectual Property

FirstTech Solution retains all intellectual property rights pertaining to products of the mind utilized during the execution of the Assignment, whether currently in use, previously used, or developed in the course of the Assignment. This includes the ability to assert copyrights or any other relevant intellectual property rights.

The Client is explicitly prohibited from reproducing, disclosing, or exploiting these products, including methodologies, advice, and other intellectual properties of FirstTech Solution, whether involving third parties or not. Reproduction, publication, or exploitation is permissible only upon obtaining prior written permission from FirstTech Solution. However, the Client retains the right to reproduce written documents for internal use within its own organization, to the extent necessary for the Assignment’s purposes. These permissions and restrictions also apply in the event of premature termination of the Assignment.

FirstTech Solution reserves the right to utilize the knowledge acquired during the execution of an agreement for other purposes, provided that no strictly confidential information belonging to the Client is disclosed to third parties.

Applicable Law and Disputes

All legal relationships involving FirstTech Solution are governed exclusively by the law, irrespective of whether obligations are fulfilled abroad or whether any involved party is domiciled elsewhere. The Vienna Sales Convention does not apply.

Disputes shall be heard exclusively by the judge in the jurisdiction where FirstTech Solution is established, unless otherwise mandated by law. However, FirstTech Solution retains the right to refer the dispute to the appropriate court as per legal provisions.

Prior to resorting to litigation, parties are obligated to attempt resolving disputes through mutual agreement.

In the event of a dispute regarding the text and interpretation of these general terms and conditions, [resolution procedure to be specified].

Location and Changes to Conditions

These conditions have been filed in accordance with governance regulations.

The most recently filed version or the version applicable at the establishment of the legal relationship with Rotterdam shall always prevail.

The Client reserves the right to unilaterally amend or revoke these general terms and conditions, provided that written notice is given to the Client at least one month in advance. Upon such notification, the amended general terms and conditions will apply to all legal relationships between the parties.

Changes or additions to this agreement are only valid if mutually agreed upon in writing.

The interpretation of these general terms and conditions shall always be based on their text.

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