1. Company
Yenikapi BV, trading as YK Technologies, with registered office in Ghent, Belgium, company and VAT number BE 0462.048.315, reachable at berkan@yktechnologies.eu and on +32 486 96 11 88.
2. Application
These terms apply to all our services to businesses. They take precedence over any purchase or general terms of the client, which are expressly excluded unless we accept them in writing.
The relationship is business-to-business (B2B). Consumer protection rules, such as the right of withdrawal, do not apply. The rules on unfair terms between businesses do apply, and these terms are drafted to respect them.
3. Quotations and formation
Our quotations are without obligation and serve as guidance until confirmed by us in writing. Unless stated otherwise, a quotation remains valid for 30 days. The agreement is formed by our written confirmation or by the start of performance.
Estimates of time, effort and planning are best-efforts obligations, not obligations of result, unless expressly agreed otherwise.
4. Services
We deliver IT FinOps, process and cybersecurity audits, process optimisation, and the development and migration of software on an open-source platform. The specific scope is set out in writing for each assignment.
We work in waves, with a go or no-go at each gate. Each wave is scoped, delivered and reviewed before the next one starts. The client's cooperation is a condition for on-time delivery (see article 6).
5. Price and payment
An audit has a fixed price, one-off and communicated in advance. For development we work with a fixed base fee and, where agreed, a success fee of 20% on the savings confirmed by your finance team. There are no per-user licence costs. All prices exclude VAT.
Invoicing is per wave or milestone, payable within 14 days of the invoice date unless agreed otherwise. In the event of late payment, reasonable default interest and a fixed indemnity are due by operation of law and after notice of default, in accordance with the law on late payment.
6. Performance and cooperation
We carry out our assignments with the necessary care and expertise. The client provides the necessary information, access, environments and decisions at each go/no-go gate in good time, and appoints a contact person. Delay attributable to the client shifts planning and costs.
We may call on subcontractors for performance, while remaining responsible to you.
7. Intellectual property and ownership of the code
The software we develop for you sits in your own repository from day 1. After full payment of the wave concerned, the rights to the bespoke deliverable are transferred to you. You own the code, built on standard open-source components, and can transfer it to any integrator, without dependence on us.
Existing knowledge, generic tools and third-party open-source components remain under their own (open-source) licences. We retain the right to reuse general knowledge and experience. There are no user-bound licences that lock you in.
8. Confidentiality
Both parties treat the confidential information they exchange as confidential, use it only for the assignment and protect it with reasonable measures. This obligation continues after the assignment ends, for as long as the information remains confidential. Exceptions are information that is public, was independently developed, or whose disclosure is legally required.
9. Warranties
The software is delivered in line with the agreed specifications, with a reasonable warranty and bug-fix period per wave. We do not guarantee uninterrupted or error-free operation, nor suitability for purposes that have not been agreed.
Because you receive the open-source code in ownership, changes that you or third parties make after delivery, and problems caused by third-party components or improper use, fall outside our warranty.
10. Liability
Our liability is limited to direct damage and to the amount invoiced for the wave concerned, or in the twelve months prior. We are not liable for indirect damage, such as loss of profit, loss of data, missed savings, reputational harm or third-party claims. This allocation of risk reflects the agreed price.
These limitations do not apply to intent or gross negligence on our part or that of our staff, to the non-performance of an essential obligation of the agreement except in cases of force majeure, or to damage that cannot be excluded under mandatory law. You report complaints within a reasonable period after discovery.
11. Force majeure
In the event of force majeure, such as failure of infrastructure or cloud providers, cyberattacks, strikes, government measures or natural disasters, our obligations are suspended and we are not liable for delay or non-performance. If the force majeure lasts longer than a reasonable period, either party may terminate the agreement.
12. Duration and termination
The collaboration runs per wave. At each go/no-go gate, either party can decide not to proceed to the next wave. Work already started or delivered remains payable. In the event of a no-go, the ongoing base fee stops.
In the event of a serious breach that is not remedied within a reasonable period after notice of default, the other party may terminate the agreement. On termination, you pay for the delivered work, receive the code already delivered and paid for, and the parties return or destroy confidential information. The provisions on ownership, confidentiality, liability and competent court remain in force.
13. Processing of personal data
Each party complies with the GDPR in its own role. Where, as part of an assignment, we process personal data on the client's instructions, we conclude a data processing agreement for this (Article 28 GDPR). For the processing through this website, see our privacy statement.
14. Use of the website
The content of this website is informative and is provided as is. We aim for accuracy, but give no guarantee of completeness or accuracy, and the content may change without prior notice. No rights can be derived from the content; only a quotation confirmed in writing binds us.
We are not responsible for external sites we link to. The texts, house style and logo on this site are protected and may not be reproduced without permission, without prejudice to the open-source position for the software we deliver to clients.
15. Amendment, severability and final provisions
We may amend these terms. The version applicable to an assignment is the one in force at the time the agreement was concluded; the current version is on this page with the date at the top.
If a provision is void or unenforceable, the remaining provisions remain in force and the provision is replaced by a valid one that comes as close as possible to its intent.
16. Applicable law and competent court
Our agreements are governed exclusively by Belgian law. Disputes fall under the exclusive jurisdiction of the Ghent Enterprise Court, Ghent division, and of the courts of the judicial district of East Flanders, Ghent division. The parties preferably seek an amicable solution first.