Terms and Conditions (T&C)
Scope of Application
These General Terms and Conditions apply to all business relationships, contracts, software integrations, and services provided by Whitby Automation Ltd. (hereinafter referred to as “Whitby Automation”, “we”, or “us”) to our clients (hereinafter referred to as “Client”). Any differing, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if we have expressly agreed to their validity in writing.
Conclusion of Contract
Offers from Whitby Automation are non-binding and subject to change unless expressly marked as binding. A contract is concluded only when Whitby Automation confirms the Client’s order in writing (e.g., via email, official order confirmation, or by signing a Project Contract) or officially begins executing the automation setup.
Scope of Services & Automation Solutions
Whitby Automation provides tailored workflow automation, system integrations, consulting services, and ongoing digital maintenance. The specific scope of services is derived from the respective project contract, proposal, or the accepted offer. We reserve the right to modify, upgrade, or improve our automated workflows as far as this is reasonable for the Client and does not impair the core functionality of the agreed system.
Prices and Payment Terms
All prices stated in our proposals are net prices and do not include the applicable statutory value-added tax (VAT) unless explicitly stated otherwise. Invoices from Whitby Automation are due for payment upon receipt without deduction, unless other payment terms (e.g., milestone payments) have been agreed upon in writing. In the event of default in payment, we reserve the right to temporarily suspend ongoing automated services, server hosting, or integrations until full payment is received.
Client’s Duty of Cooperation
The Client obligates themselves to support Whitby Automation in the performance of the agreed services to the best of their ability. This includes providing all necessary information, credentials, API keys, software access rights, and technical infrastructure in a timely manner. Delays or system failures resulting from a lack of cooperation or revoked access by the Client are not the responsibility of Whitby Automation.
Warranty and Liability
1. Warranty: We ensure that our automation solutions are developed and executed with professional care. In the event of technical defects or bugs, the Client must notify us in writing immediately. We reserve the right to remedy the defect through system updates, troubleshooting, or rework within a reasonable timeframe.
2. Liability: Whitby Automation is liable for damages caused by intent or gross negligence. For slight negligence, we are only liable in the event of a breach of a material contractual obligation. Liability for lost profits, loss of data, third-party software outages (e.g., Zapier, Make, CRM failures), or indirect consequential damages is strictly excluded to the extent permitted by law, except where explicitly covered by a customized Service Level Agreement (SLA).
Confidentiality & Data Protection
Both parties undertake to treat all confidential information, business workflows, client lists, and technical data obtained within the framework of the contractual relationship strictly confidential. Such information will not be disclosed to unauthorized third parties. For detailed information on how we handle personal and automated data, please refer to our Privacy Policy page.
Final Provisions and Jurisdiction
Changes or additions to these terms must be made in writing. Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of Whitby Automation Ltd., provided the Client is a registered business or legal entity.