Terms and conditions

1. Who we are

Surge Agent is a trade name of Van Borg, registered at Kieler Bocht 104, 9642 CE Veendam, the Netherlands. Chamber of Commerce (KVK) number: to follow upon registration. VAT ID: to follow upon registration. Contact: nicolaas@surgeagent.dev, +31642337737, or via the contact form on surgeagent.dev. In these terms, Surge Agent is "we" and the client is "you".

2. Applicability

These terms apply to all quotes, agreements and services of Surge Agent: voice products, chat agents, sector add-ons, websites, the bundle and custom work. Deviations only apply when agreed in writing. Our services are aimed at business clients (B2B).

3. Prices and offer

All prices are in euros and exclude 21% VAT. You pay a one-off setup (per product, as published on the pricing page) and a fixed monthly rent after that. The monthly rent includes: hosting, monitoring, AI usage (tokens), API and messaging costs, support, a monthly report and continuous optimisation, plus the generous usage allowance of article 7.

Price changes are announced at least one month in advance; in case of an increase you may cancel effective from the date it takes effect.

The prices on surgeagent.dev are current; obvious errors do not bind us.

4. Delivery and lead time

We build, connect and manage everything remotely. Stated lead times (e.g. 'live in 1–2 weeks') are realistic estimates, not hard deadlines. They partly depend on how quickly you provide input (copy, access to your phone number, calendar or accounting). We'll tell you right away if a schedule shifts.

5. Rental model and duration

You rent per month: each rental month runs from start date to start date (for example the 1st to the 1st). Voice products, agents and sector add-ons are cancellable monthly. The website and the Complete Setup bundle have a 6-month minimum term; after that they are cancellable monthly too.

You can cancel at any time, by email. The cancellation takes effect at the end of the current rental month (after any minimum term); until that date everything keeps working. No refunds are given for a current or already-paid rental month. After termination we switch off the rented agents and/or website; your domain, Google connections and data remain yours (articles 8 and 9).

Annual rent: pay 12 months up front in one go and you get a 20% discount on twelve times the monthly price. Annual rent is paid fully in advance, not in instalments. After receipt of payment a voluntary 30-day rethink period applies: cancel within those 30 days and we refund the annual amount minus one month at the regular monthly rate. This requires that usage in that period stayed within the monthly allowance of article 7; beyond that, or after the 30 days, the annual rent is final and non-refundable. This rethink period is our own contractual arrangement; the statutory consumer right of withdrawal does not apply, as our services are strictly business-to-business (B2B).

6. Payment

The setup is invoiced at the start; rent is invoiced monthly in advance. You can pay by iDEAL, credit card or crypto. We do not offer buy-now-pay-later services (such as Klarna or similar).

The invoice for the next rental month is sent at least 14 days before the current rental month ends, with the start date of the new month as the final payment date. If payment has not arrived by that date, we send a reminder and a 3-day grace period applies. If payment still fails to arrive, we take the service offline until payment is made — without any further notice of default being required. The grace period does not shift the rental month: pay on day 3 and your rental month still runs from its original start date.

During a suspension the payment obligation continues. Once payment is received we switch the service back on. In case of late payment, statutory commercial interest and extrajudicial collection costs (Dutch WIK scale, minimum €40) are due without further notice. In case of persistent non-payment we may terminate the agreement.

Payment in crypto counts as completed the moment the transaction is confirmed at our address, at the invoiced euro amount. Invoices are always denominated in euros; exchange-rate risk and network fees are yours. If a rate drop between sending and confirmation causes a shortfall, the remaining euro amount stays due.

7. Your obligations and fair use

You provide correct and current information (rates, service area, services) on which we train the agents, and the required access and rights (phone number, WhatsApp Business, calendar, accounting connection, domain name).

The services may not be used for unlawful purposes, spam or deception.

The monthly rent includes a generous usage allowance: 300 call minutes per month on voice (shared by the voicebot and outbound bot) and 1,000 conversations per chat agent per month. A conversation is one chat session; after 30 minutes without messages a follow-up counts as a new session. We warn you when you're around 80% of your allowance.

Beyond the allowance you pay €0.35 per extra call minute or €0.10 per extra conversation, billed afterwards on the monthly invoice — or you buy a cheaper top-up bundle (call minutes: 100 for €30, 300 for €80, 1,000 for €240; conversations: 500 for €40, 2,000 for €140). Purchased bundles do not expire while the rental runs: whatever is left rolls over in full to later months. The included monthly allowance does not roll over. When the rental ends, remaining bundle credit lapses.

For document add-ons (such as the admin and quote agents) reasonable business use applies, with a guideline of 250 processed items per month; in case of structurally higher usage we discuss a suitable bundle first instead of quietly billing extra.

8. Intellectual property and white-label

The software, agents, flows and systems we build and rent out remain our property. For the duration of the rental you receive a right of use, white-label under your own company name and logo.

What is and always remains yours: your domain name, your Google connections (Analytics, Search Console, Business Profile), your brand, your content and your (customer) data.

9. Data and privacy

All customer and business data collected through the agents is and remains yours. We process that data solely to deliver the service and sign a data processing agreement with you. We use European or GDPR-compliant providers.

If you stop renting, we deliver a clean export of your data on request within 30 days and then delete the data from our systems, unless a statutory retention obligation dictates otherwise. See also our privacy statement.

10. AI output and responsibility

Our agents work with artificial intelligence. It's good, but not infallible: AI output (such as draft quotes, extracted receipts, summaries and chat answers) may contain errors. Documents with legal effect (quotes, invoices, payment reminders) are prepared as drafts for you to check before sending, unless you deliberately choose to have them sent automatically.

Our chat and voice bots state at the start of every conversation that the user is talking to AI, as required by the European AI Act (article 50). That disclosure is built in by default and may not be removed or hidden, including in white-label. Every bot also has a route to a human. You use the agents only for the purposes we configure them for (such as customer contact, intake and administration); deployment for applications classed as high-risk under the AI Act never happens without prior consultation with us.

We deliver a professional best-efforts commitment, not a guarantee of specific results (such as lead volumes, revenue, or positions in search engines and AI answers).

11. Availability and maintenance

We aim for the highest possible availability and monitor the services continuously. Maintenance, updates and continuous optimisation are included in the monthly rent. We partly depend on third-party services (such as telephony, WhatsApp and AI providers); outages at those parties are beyond our control, but we work to resolve or route around them quickly.

12. Liability

Our liability is limited to direct damage and to at most the amount you paid in rent for the relevant service in the three months preceding the event causing the damage. We are not liable for indirect damage such as lost revenue or profit, loss of data due to circumstances beyond our control, or damage caused by incorrectly supplied information.

These limitations do not apply in case of intent or deliberate recklessness on our part.

13. Changes to these terms

We may change these terms. Material changes are announced by email at least one month in advance. If you disagree with a change, you may cancel effective from the date it takes effect.

14. Complaints and governing law

Have a complaint about our service? Email it to nicolaas@surgeagent.dev; we confirm receipt within 3 working days and respond substantively within 14 days.

Dutch law applies to all agreements. We first try to resolve disputes together; failing that, the competent Dutch court has jurisdiction.