Terms of Service

Last updated: 19 October 2026

1. Who we are

These terms are issued by Xendd V.O.F., a specialized EdTech software partner based at Gaandeweg 63, 1103 SG Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 85313882, VAT number NL863581663B01 ("Xendd", "we", "us"). You can reach us at business@xendd.com or +31 6 11876148.

2. Scope

These terms apply to the use of xendd.com and to every quotation, project plan, agreement and service Xendd provides, including software development, design, consultancy, hosting, maintenance and support ("Services"). The party that engages us is the "Client".

If a signed quotation, project plan or service level agreement (SLA) contains different arrangements, those specific arrangements take precedence over these terms. General terms of the Client do not apply unless we have accepted them in writing.

3. Using this website

The information on this website is general and provided with care, but it is not an offer and may contain errors. We may change or remove content at any time. You may not use the website in a way that harms Xendd, other visitors or the website's operation, for example by attempting unauthorized access or sending automated spam through the contact form.

All texts, images, logos and designs on this website belong to Xendd or its licensors. You may not copy or reuse them without our permission, except for normal personal viewing and sharing links.

4. Quotations and agreements

Our quotations are without obligation and valid for 30 days unless stated otherwise. An agreement is formed when the Client accepts a quotation or project plan in writing (including by email or electronic signature), or when we start the work at the Client's request.

5. How we work together

We carry out the Services to the best of our ability and with professional care. Unless explicitly agreed otherwise, our commitment is an obligation of effort, not a guaranteed result. Deadlines and planning are estimates; we will tell you promptly if we expect a delay.

The Client provides the information, access, feedback and decisions we need on time, and appoints one point of contact who can make decisions. Delays caused by missing input may shift the planning and lead to additional costs.

Changes to the agreed scope are discussed first and recorded in writing, including their impact on budget and planning, before we carry them out. We may engage trusted third parties (such as hosting providers) to perform the Services.

6. Acceptance

After delivery of a milestone or release, the Client has 14 days to test it and report reproducible defects. If no defects are reported within that period, or the software is taken into production use, the delivery is considered accepted. Minor defects that do not block use are fixed but do not prevent acceptance.

7. Fees and payment

Fees are as stated in the quotation, project plan or SLA, in euros and exclusive of VAT. Hourly work is invoiced based on hours actually spent. Recurring fees (such as hosting, maintenance and SLA fees) are invoiced periodically in advance. Included hours that are not used within a period do not roll over, unless agreed otherwise.

Invoices must be paid within 14 days of the invoice date. If payment is late, the statutory commercial interest (article 6:119a of the Dutch Civil Code) and reasonable collection costs are due, and we may suspend our Services after a written reminder. We may adjust our rates once per year; we announce changes at least 30 days in advance.

8. Intellectual property

Once all related invoices have been paid in full, the Client receives the intellectual property rights to the custom software, designs and content we create specifically for the Client, unless agreed otherwise in writing.

Xendd keeps the rights to its pre-existing and generic tools, libraries, components, know-how and methods. Where these are part of a delivery, the Client receives a perpetual, non-exclusive licence to use them as part of that delivery. Open-source components remain subject to their own licences. We may mention the Client's name and a general description of the project as a reference, unless the Client objects.

9. Confidentiality

Both parties keep confidential all information they receive from each other that is marked as confidential or that they should reasonably understand to be confidential. This obligation continues after the agreement ends.

10. Data protection

When we process personal data on behalf of the Client (for example data of students, teachers or users of the software we build or host), we do so as a processor under the GDPR. In that case we conclude a data processing agreement with the Client. How we handle personal data for our own purposes is described in our Privacy Policy.

11. Liability

Xendd is only liable for direct damage resulting from an attributable failure to perform the agreement. Our total liability is limited to the amount invoiced under the relevant agreement in the 12 months before the event causing the damage, and in any case to the amount paid out by our insurer, if any.

We are not liable for indirect damage, including lost profits, lost savings, loss of data or business interruption. The Client remains responsible for keeping its own backups of data that is not hosted by us. These limitations do not apply in case of intent or deliberate recklessness by Xendd's management. Claims expire if not reported to us in writing within 12 months after the damage was discovered.

12. Force majeure

We are not liable for failures caused by circumstances beyond our reasonable control, such as outages of third-party hosting or internet services, cyberattacks, illness of key personnel, or government measures. If force majeure lasts longer than 60 days, either party may terminate the affected agreement in writing.

13. Term and termination

Project agreements end when the project is delivered and accepted. Recurring services such as hosting, maintenance and SLAs run for the period stated in the agreement and are renewed automatically for the same period, unless terminated in writing with at least one month's notice before the end of the current period.

Either party may terminate the agreement with immediate effect if the other party seriously fails to meet its obligations and does not remedy this within a reasonable period after written notice, or goes bankrupt. Work already performed remains payable. When the agreement ends, we cooperate in a careful handover of code and data at our then-current rates.

14. Changes to these terms

We may update these terms. The version published on this page applies from the date shown above. For running agreements, we announce material changes at least 30 days in advance.

15. Governing law and disputes

These terms and all agreements with Xendd are governed by Dutch law. We always try to resolve disagreements together first. Disputes that cannot be resolved that way are submitted exclusively to the competent court in Amsterdam.

These terms are available in English and Dutch. In case of a difference between the two versions, the Dutch version prevails.

Questions about these terms? Email us at business@xendd.com.