Promacon B.V. · Version 1.0 · 2026-11-02
Business-to-business conditions for engineering services and Promacon Completions. These terms apply only when incorporated into an agreement and supplied before its conclusion.
Promacon B.V.
Berkelstraat 59
9725 GW Groningen
The Netherlands
KvK: 96397659
VAT / BTW: NL867594093B01
info@promaconengineering.com
These terms concern services and software supplied by Promacon B.V. to customers acting in their business or profession. They do not establish a consumer webshop. They apply only where the quotation or agreement refers to them and the customer has been given a reasonable opportunity to store and read the applicable version before accepting. Visiting this website or requesting a demo does not itself mean accepting a paid agreement.
The accepted quotation or order confirmation defines the scope, deliverables, responsibilities, rates, expenses, programme, licence scope and other project-specific arrangements. Changes and additional work require agreement in writing, including email. A quotation is valid for the period stated in it. No fixed price, guaranteed completion date or specific result is promised unless expressly agreed.
Specific written arrangements prevail over these general terms. A data processing agreement prevails for the personal-data processing it governs; an agreed software/service-level schedule governs its specific software commitments. Mandatory law always takes precedence. New website terms do not automatically change existing agreements.
Promacon performs agreed work with the care and competence reasonably expected of a professional engineering service provider. Unless a result obligation is expressly agreed, engineering and advisory work is an obligation to use reasonable professional efforts. The customer supplies timely, accurate and sufficiently complete information, access, instructions and decisions, and identifies applicable project standards and requirements.
Operational control, site safety, permits, statutory duties, final plant acceptance and authority to start equipment remain with the parties responsible for them under law and the project organisation, unless a specific lawful responsibility is expressly assigned. Promacon may use appropriately qualified third parties, subject to its contractual confidentiality and data-protection obligations.
A Promacon Completions licence gives the customer the right to use the agreed hosted software within the specified project/site/enterprise scope and licence period. The licence is non-exclusive and may not be resold, sublicensed or expanded beyond the agreed scope without written agreement. The customer manages authorised users, protects credentials and ensures lawful use and lawful input of data. Mandatory statutory software rights remain unaffected.
Only modules and features included in the agreement are supplied. Planned functionality is not a delivery commitment unless specifically agreed. The software supports project records and workflows; it does not replace competent engineering judgement, mandatory inspections, approvals or safety systems. A demo is for evaluation of sample functionality and is not a production environment for confidential or safety-critical project operations.
The quotation or agreement states fees, invoicing frequency, payment terms, expenses and any implementation charges. Amounts are exclusive of VAT and other applicable taxes unless expressly stated otherwise. In the absence of an agreed payment term, the applicable statutory payment rules apply. Any late-payment interest or collection costs are governed by the agreement and applicable law.
Renewal, price adjustments, cancellation periods and additional usage charges apply only as agreed; there is no automatic renewal or new charge solely because these terms are published. If customer delays, changed information or changed requirements affect the scope or programme, the parties discuss the consequences before the affected additional work is performed.
The customer reviews deliverables and reports material non-conformities with the agreed scope without undue delay, with sufficient detail to allow assessment. Promacon is given a reasonable opportunity to investigate and, where it is responsible, correct or reperform the affected work. Review milestones, acceptance tests and any result criteria are defined in the project agreement. Merely viewing a deliverable or using a demo does not waive mandatory rights.
The customer uses deliverables only for the agreed purpose and checks that the relevant revision and approval status are suitable before implementation. Material changes by others and use outside the agreed design basis require renewed assessment.
Hosting, support hours, maintenance arrangements, backup/recovery commitments, data export and any service levels are those expressly agreed for the relevant licence. No uninterrupted availability or fixed recovery-time guarantee arises from these general terms alone. Maintenance, incidents or necessary security measures can affect availability; the applicable service agreement governs notification and handling.
The customer retains rights to its own project data. Promacon may process that data only as needed to deliver the agreed service, under the agreement and applicable data-protection obligations. Exit, export, retention and deletion arrangements must be settled in the software agreement or data processing agreement; mandatory data rights remain unaffected.
Each party retains its pre-existing intellectual property, confidential know-how and materials. Promacon retains rights to its software, reusable tools, methods, templates and generic know-how unless ownership transfer is expressly agreed. The customer receives the rights to use paid-for deliverables for the agreed project or purpose as set out in the agreement. A hosted software licence does not transfer source-code ownership.
Each party protects information reasonably understood to be confidential and shares it only with people or approved providers who need it for the agreement and are bound by appropriate duties. Exceptions include information already lawfully known, publicly available without breach, independently developed, or required to be disclosed by law. Where lawful, the other party is informed before compelled disclosure.
Each party complies with its applicable data-protection obligations. Where Promacon processes personal data on the customer’s behalf, the parties put the required data processing agreement in place and agree the instructions, safeguards, subprocessors and exit arrangements. The website privacy policy explains separate website/contact processing and is not a substitute for a customer data processing agreement.
Liability is governed by the applicable agreement and Dutch law. Any project-specific liability limit, insurance requirement, agreed allocation of risk or exclusion of a category of loss must be expressly agreed in writing; it is not inferred from the website. Nothing in these terms excludes or limits liability where that is not legally permitted.
A party prevented from performance by circumstances qualifying as force majeure under applicable law informs the other party without undue delay and takes reasonable steps to limit the consequences. Force majeure, suspension, termination and payment for work already properly performed are dealt with under the agreement and applicable law.
The agreement sets the assignment or licence period and any renewal or termination arrangements. If a material breach occurs, the affected party gives written notice and a reasonable opportunity to remedy it where required by law and the agreement. Mandatory termination rights remain unaffected. On termination, the parties settle authorised work and fees already due and apply the agreed confidentiality, intellectual-property and data-exit arrangements.
For questions or complaints, email info@promaconengineering.com with the project or licence reference and the issue. The parties first try to resolve the matter directly. Unless specifically agreed otherwise, Dutch law applies and the competent court is determined by the applicable jurisdiction rules. Contract language and any priority between translations are as agreed in the quotation or contract.