Terms of Service

Acceptance of Terms

By accessing and using the services provided by swingoahoy B.V. ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services. These terms constitute a legally binding agreement between you and swingoahoy.

Services Description

swingoahoy provides structural engineering services including but not limited to:

• Structural design and analysis for residential, commercial, and industrial projects
• Structural inspections and condition assessments
• Construction consultation and project support
• Building permit documentation and technical drawings
• Retrofit and strengthening solutions

All services are provided in accordance with Dutch building codes, NEN standards, and professional engineering practices applicable in the Netherlands.

Client Obligations

As a client of swingoahoy, you agree to:

• Provide accurate and complete project information and requirements
• Grant reasonable access to project sites for inspections and assessments
• Pay all fees and charges according to agreed payment terms
• Comply with all applicable building codes and regulations
• Obtain necessary permits and approvals before construction
• Use our services and deliverables only for their intended purpose
• Notify us promptly of any changes to project scope or requirements

Payment Terms

Payment terms will be specified in individual service agreements. Unless otherwise agreed, invoices are due within 30 days of receipt. Late payments may incur interest charges at the rate of 1% per month. All prices are exclusive of VAT unless otherwise stated. We reserve the right to suspend services for overdue accounts and to require advance payment for future work.

Intellectual Property

All designs, calculations, drawings, reports, and other deliverables created by swingoahoy remain our intellectual property until full payment is received. Upon payment, you receive a license to use these materials for the specific project for which they were created. You may not reproduce, distribute, or use our work for other projects without written permission. Our methodologies, software, and proprietary processes remain the exclusive property of swingoahoy.

Professional Standards

swingoahoy operates in accordance with professional engineering standards and Dutch regulations. Our work is performed by qualified engineers and follows established industry practices. However, construction and engineering involve inherent risks and uncertainties. While we strive for accuracy and completeness, engineering is not an exact science, and professional judgment is required in all aspects of our work.

Limitation of Liability

To the maximum extent permitted by Dutch law, swingoahoy's total liability for any claims arising from our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim. We shall not be liable for any indirect, consequential, special, or punitive damages, including but not limited to lost profits, business interruption, or construction delays. This limitation applies regardless of the legal theory on which the claim is based.

Insurance and Indemnification

swingoahoy maintains professional liability insurance appropriate for our services. Clients agree to indemnify and hold harmless swingoahoy from any claims arising from modifications to our designs without our approval, failure to follow our recommendations, or use of our work beyond the intended scope. This indemnification extends to legal fees and costs incurred in defending against such claims.

Confidentiality

We respect the confidentiality of client information and project details. However, we reserve the right to use project information for professional development, marketing purposes, and case studies, provided that sensitive commercial information is anonymized. We may also be required to disclose information to regulatory authorities or in legal proceedings.

Force Majeure

swingoahoy shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, or other unforeseeable circumstances. In such events, we will make reasonable efforts to minimize delays and notify clients promptly of any impact on project timelines.

Termination

Either party may terminate services with written notice. Upon termination, clients shall pay for all work completed to the date of termination. swingoahoy retains the right to complete work in progress to a logical stopping point and to retain all documents and materials until full payment is received. Termination does not affect rights and obligations that have accrued prior to termination.

Dispute Resolution

Any disputes arising from these terms or our services shall first be addressed through good faith negotiations. If resolution cannot be achieved, disputes shall be resolved through arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI). The arbitration shall be conducted in Dutch or English, as agreed by the parties, and shall take place in Utrecht, Netherlands.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. Any legal proceedings shall be subject to the exclusive jurisdiction of the Dutch courts. If any provision of these terms is found to be unenforceable, the remainder shall remain in full force and effect.

Modifications

swingoahoy reserves the right to modify these Terms of Service at any time. Updated terms will be posted on our website with a revised effective date. Continued use of our services after such modifications constitutes acceptance of the updated terms. For significant changes, we will provide reasonable notice to existing clients.

Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck from these terms, and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

Contact Information

For questions about these Terms of Service or our legal policies, please contact: