General terms and conditions of services Blue Energy Concepts

1. Description Blue Energy Concepts

Blue Energy Concepts, located at de Wikke 1, 2811 CP in Reeuwijk, is an organisation focused on research, innovation and project development in the field of sustainability and energy.

2. Definitions


i. Services

‘Services’ refers to all products and/or services offered by Blue Energy Concepts, including but not limited to logging and analysing data, providing access to analysis tools, and support and advice to its Customer.


ii. Customer

‘Customer‘ refers to any natural or legal person using Blue Energy Concepts’ Services, including authorised representatives, employees or other third parties acting on behalf of the Customer.


iii. Data

‘Data’ refers to any information processed by Blue Energy Concepts in connection with the provision of the Services, including but not limited to:

  • Energy production and consumption data and/or data relating to decay, velocity and flow of water flows, including timestamps and related device or installation data.
  • Information provided by the Customer, such as contact details or technical configurations.
  • Metadata collected during the use of the Services, such as IP addresses and log files.

iv. Agreement

‘Agreement’ refers to any written or oral agreement between Blue Energy Concepts and the Customer regarding the provision of Services.


v. Parties

‘Parties’ refers jointly to Blue Energy Concepts and the Customer as defined in the Agreement.


vi. Consent

‘Consent’ refers to the Customer’s explicit consent to the processing of Data as required by relevant legislation, including the General Data Protection Regulation (GDPR).

3. Liability


i. Limitation of Liability

Blue Energy Concepts shall only be liable for direct damage directly resulting from an attributable failure in the performance of the agreed services. Direct damage shall exclusively mean:

  • Reasonable costs incurred to establish the cause and extent of the damage, insofar as they relate to direct damage as referred to herein.
  • Reasonable costs necessary to have Blue Energy Concepts’ defective performance comply with the agreement.

ii. Exclusion of Liability

Blue Energy Concepts shall not be liable for:

  • Indirect damages, such as consequential damages, lost profits, lost savings, loss of data, or damages due to business interruption.
  • Damage resulting from incorrect or incomplete information provided by the Customer.
  • Damage resulting from recommendations, advice or reports not being followed or being followed incorrectly.

iii. Maximum Liability

Blue Energy Concepts’ liability shall be limited to the amount charged for the relevant assignment, subject to a maximum of €10,000. If any specific insurance provides cover, liability shall be limited to the amount actually paid out by the insurer.


iv. Exclusion of Warranties

Blue Energy Concepts makes no guarantees about the results arising from the services provided. Recommendations, advice and reports are provided on the basis of the information available at the time and to the best of our knowledge. The Customer remains responsible for decisions based thereon.


v. Liability of the Customer

The Client shall indemnify Blue Energy Concepts against all third party claims arising out of or in connection with the use of the Services provided, unless such claims are the result of Blue Energy Concepts’ gross negligence or willful misconduct.

4. Privacy Statement

Blue Energy Concepts endeavours to deal carefully with personal data as stated in our privacy statement.

5. Changes and termination

i. Amendments to Conditions

  • Blue Energy Concepts reserves the right to amend these General Terms and Conditions. Amendments shall be communicated to the Customer in writing or electronically and shall enter into force after a period of 30 days following notification.
  • If the Customer does not agree to the changes, the Customer has the right to terminate the agreement in writing before the changes take effect. Upon continued use of the Services after the effective date of the changes, the Customer will be deemed to have agreed.

ii. Termination of the Agreement

  • The Customer may terminate the Agreement at any time by giving 30 days’ written notice.
  • Blue Energy Concepts has the right to terminate the Agreement immediately in the following cases:
    • The Customer violates essential provisions of this agreement, such as failure to meet payment obligations.
    • The Customer makes improper use of the Services or violates applicable laws and regulations.
    • Blue Energy Concepts stops offering the Services for business or technical reasons.

iii. After termination of the Agreement

  • The Customer loses the right to access the Services.
  • All data provided by the Customer within a period of e.g. 30 days deleted, unless otherwise required by laws and regulations or agreed with the Customer.

6. Specific Delivery Terms

Blue Energy Concepts provides various services for which specific delivery terms have been drawn up. These are shown in the annexes.

7. Changes

We reserve the right to amend these terms and conditions at any time.

8. Contact


For questions, please contact administratie@blue-energy-concepts.nl

Appendix A: Terms and conditions for data collection

1. Purpose of the service

To collect and analyse electricity production and consumption data and/or data relating to head, velocity and discharge of water flows.

2. Customer responsibility

Ensure protection of devices generating this data on site if installed specifically to perform this service.

3. Data processing

  • Your data will be collected and processed in accordance with our Privacy Statement where applicable.
  • Data can only be accessed by authorised personnel unless otherwise agreed with the customer.
  • Data is stored in secure databases with restricted access.
  • Data (with the exception of data covered by our Privacy Statement) is stored indefinitely unless otherwise agreed with the customer.

4. Liability

Blue Energy Concepts does not guarantee continuous availability of the service. We are not responsible for incorrect data or failures in the SMA API.

5. Privacy

Your data is collected and processed in accordance with our Privacy Statement.