8. Duration and Implementation of the Agreement
The Agreement is adopted for the period as stated in the Agreement. If a term is not indicated in the and the Agreement is a continuing performance agreement is, the Agreement is adopted for an indefinite time with a minimum of one year. If no notice period is established, a notice period applies of at least one month, to be appealed to for the first time against the end of the relevant (minimum) term.
The intermediate cancellation of a fixed-term Agreement is not possible, unless established otherwise or confirmed by Reassure in writing.
Notice must be given in writing.
Reassure will carry out the agreement to the best of its understanding and ability and in accordance with the requirements of good craftmanship.
Reassure has the right to have the Agreement carried out by third parties, or to engage third parties for the implementation of certain Services - such as, though not limited to, Microsoft. The applicability of article 7:404, 7:407 section 2 and 7:409 BW (Civil Code) is excluded.
With respect to services that Reassure purchases from third parties for the purpose of the delivery of its Services to Client, Reassure can never be addressed by Client for more or different matters than what is effective in the relationship between Reassure and its relevant supplier(s) for such Service.
Reassure has the right to transfer its rights and obligations from the Agreement to a group company of Reassure as referred to in article 2:24b BW (Civil Code). Client will collaborate unconditionally with such a transfer and sign an instrument to such effect, all matters in accordance with what is established in article 6:159 BW (Civil Code).
Client makes sure that all data for which Reassure indicates that they are necessary or for which the Client should reasonably understand that they are necessary for the implementation of the Agreement are timely provided to Reassure. If the data required for the implementation of the Agreement are not timely supplied to Reassure, then Reassure has the right to suspend the implementation of the Agreement and/or to bill the additional costs flowing from the delay to Client according to the customary rates. Client guarantees the correctness of the data provided by him. Reassure is not liable for damage, of any nature whatsoever, because Reassure upon the implementation of the Agreement relied on incorrect and/or incomplete data provided by the Client.
If Client does not fulfill his obligations as described in the previous section of this article and as a result a delay occurs in the execution of the activities, the activities will be carried out as soon as Client fulfills all of his obligations still and the planning of Reassure or the third parties engaged by it permit this. Client is liable for all (additional) costs and/or damage that flow for Reassure from the delay.
Client safeguards Reassure against any possible claims of third parties that incur damage in connection with the implementation of the Agreement that can be attributed to Client.
Reassure takes care of an optimal availability of the Services. Reassure is not liable, however, for outage or unavailability of the Services provided by or via it as a result of circumstances that could not reasonably be foreseen by it. This also includes malfunctions to internet connections, power outage, and other malfunctions that lie outside of the powers of Reassure. Reassure is not liable either for damage as a result of outage and/or the unavailability of Services as a consequence of normal maintenance activities.
It is established in the Agreement that the development of Software by Reassure occurs on the basis of the Agile method, whereby the implementation of the Agreement is subdivided in steps (so-called Sprints). Reassure and Client can thereby determine on the basis of a framework included in the Agreement which activities will be carried out by whom and in which in addition the specifications of the wishes of Client are established. Reassure will allow Client to test the delivered matters each time after intermediate delivery following a Sprint. If in consultation with Client the following Sprint is started, what was delivered in the previous Sprint is deemed to have been accepted by Client.