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TERMS AND CONDITIONS OF SALE


1) Precedence & Client Terms

The Client explicitly waives its own standard terms and conditions, even if drafted after these Terms. Any derogation or amendment to these Terms must be expressly agreed in advance, in writing, by Elevare to be valid.

2) Invoicing & Payment

    1. Due date. Our invoices are payable within 21 working days of the invoice date, unless a different payment timeframe is stated on the invoice or the applicable order/SOW.
    2. Late charges. If payment is not received by the due date, Elevare may charge a fixed late charge of ten percent (10%) of the outstanding amount.
    3. Service suspension. Elevare may suspend services without prior notice if any amount remains unpaid after the due date.
    4. Debt recovery after 60 days. If any sum remains unpaid more than sixty (60) days after the due date, Elevare may engage a debt recovery company. All legal and recovery expenses are payable by the Client.

3) Withholding Taxes 

Some countries require withholding at source on invoices under local law. Any such withholding is the Client’s responsibility and must be paid directly to the relevant tax authority. Invoice amounts are due to Elevare in full, net of any withholding; the Client must gross-up payments so that Elevare receives the full invoiced amount without deduction for any taxes, levies, or bank fees.

4) Standard of Performance & Results

Elevare undertakes to perform services professionally and in good faith and to use reasonable efforts to meet agreed timeframes. No obligation of result is assumed, and Elevare does not guarantee outcomes (e.g., financial results, performance metrics, or specific improvements).

5) Third-Party Proceedings

Elevare cannot be required by the Client to appear as a third party or co-defendant in any claim for damages brought against the Client by an end consumer or other third party.

6) Claims & Notification

To be admissible, any Client claim or complaint regarding delivered goods or services must be notified to Elevare by registered letter to our registered office within eight (8) days of delivery of the goods or completion of the services. After this period, the delivery is deemed accepted.

7) Governing Law & Venue

All contractual relations are governed exclusively by the laws of Aruba. The competent courts of Oranjestad, Aruba shall have exclusive jurisdiction, unless the parties agree to arbitration in writing.