Terms and Conditions

1. Applicability

These terms and conditions apply to all offers, agreements, and services provided by XITAD B.V. ("XITAD") to its business clients ("Client"). Deviations from these terms are binding only if confirmed in writing by XITAD's management. XITAD provides B2B services exclusively; consumer legislation is excluded.

2. Services & responsibilities

XITAD acts as the orchestrator and platform for IT Asset Disposition (ITAD).

• Client's duty to inform: The Client is responsible for providing accurate, anonymized hardware lists (CMDB exports). XITAD bases forecasts and logistics planning on this data.
• Data responsibility prior to transfer: Until the moment of physical transfer to the logistics partner designated by XITAD, the Client remains fully responsible for the physical and digital security of the assets.
• Sanitization & destruction: XITAD guarantees that all data carriers are processed in accordance with the agreed standard (default NIST 800-88 Clear/Purge/Destroy) by its ISO-certified processing partners.

3. Valuation & transfer of ownership

Estimates from the XITAD Portfolio Quickscan are indicative and based on current market data. The final residual value is determined only after physical receipt, audit and testing by the processing partner.

The legal transfer of ownership of the hardware (and the associated risks, excluding the data breach risk covered by XITAD's protocols) passes to the processing partner at the moment the hardware has been physically received and receipt has been digitally signed off.

4. Liability

Given the nature of the services, XITAD's liability is strictly limited:

• XITAD is liable only for direct damage resulting from willful recklessness or intent on the part of XITAD's management or executives.
• Liability for indirect damage, including but not limited to consequential damage, lost profits, missed savings, reputational damage or damage due to business interruption, is at all times entirely excluded.
• XITAD's total maximum liability per event or series of connected events is limited to the amount paid out by XITAD's liability insurance in the relevant case, or otherwise to a maximum of the invoice value of the specific services.

5. Force Majeure

XITAD is not obliged to fulfill any obligation toward the Client if it is prevented from doing so as a result of a circumstance that is not due to its fault, and that is not for its account under the law, a legal act or generally accepted standards (including geopolitical embargoes that affect the sales market, or large-scale logistical disruptions).

6. Governing Law & Choice of Forum

All legal relationships to which XITAD is a party are governed exclusively by Dutch law. All disputes arising from or connected with this agreement shall be submitted exclusively to the competent court in the district of Amsterdam.