Terms and conditions
Version 2 · Last updated November 15, 2024
Article 1 – Definitions
1.1. Hubition: the company offering prototype sessions, based at Lange Viestraat 2b, 3511 BK, Utrecht, Netherlands, registered with the Chamber of Commerce under number 53931459.
1.2. Client: the individual or legal entity booking a prototype session with Hubition.
1.3. Prototype session: the service provided by Hubition, consisting of a four-hour session to develop an interactive prototype, as described on Hubition's website.
1.4. Agreement: the agreement between Hubition and the Client regarding the provision of a prototype session.
1.5. Terms and conditions: these terms and conditions.
Article 2 – Applicability
2.1. These terms and conditions apply to all offers, quotes, agreements, and deliveries from Hubition, unless otherwise agreed in writing.
2.2. Deviations from these terms and conditions are only valid if agreed in writing.
Article 3 – Offers and agreements
3.1. All offers from Hubition are non-binding and valid for 14 days, unless otherwise specified.
3.2. The Agreement is established when Hubition has confirmed the Client's booking in writing.
Article 4 – Execution of the prototype session
4.1. Hubition will execute the prototype session to the best of its knowledge and ability, in accordance with the description on the website and in the help articles.
4.2. The prototype session takes place at the location and date chosen by the Client, subject to availability.
4.3. The Client must provide all reasonable cooperation necessary for the timely and proper execution of the Agreement. This includes timely provision of information and materials, as well as participant attendance during the session.
4.4. The Client must submit all relevant information and materials for the session at least 2 workdays prior, either via the upload link provided by email or via "My sessions" on the website.
4.5. If during the session it becomes clear that the scope or nature of the project significantly deviates from what was agreed, Hubition and the Client will determine how to proceed. Additional costs may apply.
4.6. In rare cases where the chosen location is unavailable on the selected date and time, Hubition will propose an alternative nearby location. If the Client rejects this, the session can be rescheduled to another date at no additional cost.
Article 5 – Changes and cancellations
5.1. Up to 14 days before the session, the Client may change the date, location, briefing, and participants free of charge, with the deposit retained by Hubition.
5.2. Changes to the date or location within 14 days of the session incur a surcharge equal to the deposit due to costs already incurred.
5.3. If the Client cancels within 14 days of the session, the full amount is due.
5.4. In cases of force majeure on the Client's part, the Client may replace a participant, reschedule the session to another date, or cancel the session, provided this is communicated to Hubition as soon as possible in writing. Any costs for rescheduling or cancellation are borne by the Client.
5.5. Changes to participants or the briefing can be made at any time free of charge.
5.6. The Client is responsible for notifying changes to participants via "My sessions" on the website.
5.7. Hubition reserves the right to cancel the prototype session at any time and for any reason. In the event of cancellation by Hubition, Hubition will fully refund all amounts already paid by the Client. Hubition is not liable for any damages or costs incurred by the Client as a result of the cancellation, other than the refund of amounts already paid. No additional compensation will be provided.
Article 6 – Payment
6.1 Upon booking the prototype session, the Client must make a deposit, payable immediately using the available payment methods.
6.2 The remaining balance will be invoiced after delivery of the final prototype and must be paid within 30 days of the invoice date.
6.3 If payment is not received on time, the Client is in default and Hubition is entitled to charge statutory interest and collection costs.
Article 7 – Delivery and completion
7.1 Hubition will design the prototype within two working days after the session and conduct a video call with the Client on the third working day for feedback.
7.2 Within one working day after the video call, Hubition will deliver the final prototype, including any adjustments discussed during the video call. A budget of 2 to 4 hours is allocated for processing the feedback. No additional feedback can be provided after the video call. In this case, a new prototype session can be booked.
7.3 The prototype will be delivered as a Figma file, along with notes and sketches from the session.
7.4 The Client is responsible for obtaining the necessary Figma license to open and use the prototype.
7.5 Hubition is not liable for any loss, damage, or unauthorized access to the digital materials during or after delivery.
Article 8 – Intellectual property
8.1 All intellectual property rights related to the prototype and other materials created by Hubition remain with Hubition until all outstanding payments have been made by the Client.
8.2 Upon full payment, Hubition transfers the intellectual property rights of the prototype to the Client.
8.3 The Client guarantees that the materials they provide do not infringe on third-party rights and indemnifies Hubition against any claims in this regard.
Article 9 – Confidentiality and privacy
9.1 Hubition will treat all information provided by the Client as confidential and will not share it with third parties unless necessary for the execution of the Agreement or required by law.
9.2 Hubition acts in accordance with its privacy policy as described in the help article "Privacy and confidentiality."
9.3 Clients may request a separate confidentiality agreement (NDA) if desired.
9.4 Hubition will not use the Client's project for marketing purposes or include it in its portfolio without prior written consent from the Client.
9.5 Hubition complies with all applicable data protection laws, including the General Data Protection Regulation (GDPR).
Article 10 – Liability
10.1 Hubition is only liable for direct damages resulting from a breach attributable to Hubition in the execution of the Agreement.
10.2 Hubition's liability is limited to the amount paid by the Client for the prototype session.
10.3 Hubition is not liable for indirect damages, including consequential damages, lost profits, missed savings, or business interruption.
Article 11 – Guarantee
11.1 Hubition offers a prototype guarantee as described in the help article "Prototype guarantee."
11.2 If it is found during the video call that elements from the session sketches are missing or not functioning correctly in the prototype, Hubition will make adjustments free of charge.
11.3 Except as expressly stated in these terms, Hubition provides no explicit or implied guarantees regarding the suitability, quality, or usability of the prototype for a specific purpose.
Article 12 – Force majeure
12.1 In cases of force majeure, Hubition is entitled to suspend the execution of the Agreement or terminate it without being liable for compensation.
12.2 Force majeure includes any circumstances beyond Hubition's control that temporarily or permanently prevent the fulfillment of the Agreement.
12.3 If the force majeure situation lasts longer than 30 days, both parties are entitled to terminate the Agreement in writing without being liable for damages to the other party.
Article 13 – Governing law and disputes
13.1 All legal relationships involving Hubition are governed exclusively by Dutch law.
13.2 Disputes between Hubition and the Client will be submitted to the competent court in the district where Hubition is established.
13.3 Before pursuing legal action, the parties will attempt to resolve the dispute amicably through mediation.
13.4 For international Clients outside the Netherlands, Dutch law applies to the Agreement, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Article 14 – Taxes
14.1 All prices provided by Hubition are exclusive of VAT unless otherwise stated. 14.2 The Client is responsible for providing accurate VAT details when booking.
Article 15 – Complaints
15.1 If the Client has a complaint regarding the execution of the Agreement, they must submit it in writing to Hubition within 14 days of discovery.
15.2 Hubition will respond to the complaint in writing within 14 days of receipt. 15.3 Submitting a complaint does not suspend the Client's payment obligations.
Article 16 – Health and safety
16.1 Both parties must adhere to applicable health and safety regulations.
16.2 If the session cannot take place physically due to health or safety reasons, an alternative date or online solution will be arranged.
Article 17 – Subscriptions
17.1 For Clients with subscriptions, additional terms as described in the subscription agreement apply.
17.2 In the event of conflict between these terms and the subscription agreement, the subscription agreement takes precedence.
Article 18 – Communication
18.1 Communications regarding the Agreement may be made electronically via the website or email.
18.2 The Client is responsible for keeping their contact information up to date.
Article 19 – Delivery timelines
19.1 Timelines provided by Hubition for delivery are indicative and not binding deadlines.
19.2 Exceeding a timeline does not entitle the Client to compensation or termination of the Agreement, unless due to intent or gross negligence by Hubition.
Article 20 – No-shows
20.1 If the Client or participants fail to attend the scheduled session without timely cancellation or modification in accordance with Article 5, the full amount will remain due.
Article 21 – Use of materials
21.1 The materials delivered by Hubition may be freely used, shared, and published by the Client without requiring additional permission from Hubition.
Article 22 – Final provisions
22.1 If any provision of these terms is found to be void or unenforceable, the remaining provisions remain in effect.
22.2 Hubition reserves the right to amend these terms. Changes apply to new Agreements and existing Agreements after notifying the Client of the changes.
22.3 These terms are available in both Dutch and English. In case of discrepancies, the Dutch version is binding.
22.4 These terms take effect on November 15, 2024, and remain valid until replaced by a new version.
22.5 Neither party may transfer rights or obligations under the Agreement to third parties without prior written consent from the other party.
22.6 If a party fails to fulfill essential obligations under the Agreement, the other party may terminate the Agreement immediately, provided the defaulting party has been given a reasonable period to comply.
More information
If you have any questions about these terms or need more information, feel free to contact us.