Terms of Service

By engaging our services or entering into an agreement with us, you (the "Client") agree to be bound by these Terms.

Registered with the Dutch Chamber of Commerce (KvK) under number: 99356392.

• Data analytics and business intelligence
• Process automation and workflow optimization
• API integrations and system connections
• Custom software development
• IT strategy and consulting

The specific scope, deliverables, timeline, and pricing for each engagement will be defined in a separate written agreement or statement of work ("SOW").

• Both parties have signed a written agreement or SOW; or
• The Client has accepted a proposal in writing (email accepted); or
• Work has commenced with the Client's explicit consent

4.1 Pricing: Services are billed either on an hourly rate, fixed project fee, or retainer basis as specified in the applicable SOW.

4.2 Invoicing: Invoices are issued according to the payment schedule defined in the SOW. Standard payment terms are net 14 days from invoice date unless otherwise agreed.

4.3 Late Payment: Overdue invoices are subject to interest charges of 2% per month or the maximum rate permitted by Dutch law, whichever is lower. We reserve the right to suspend services until payment is received.

4.4 Expenses: Unless otherwise agreed, reasonable expenses incurred in delivering services (e.g., travel, software licenses, third-party services) will be billed separately with supporting documentation.

4.5 VAT: All fees are exclusive of VAT (BTW) unless stated otherwise. Applicable VAT will be added to invoices.

• Provide timely access to necessary systems, data, personnel, and information required for service delivery
• Designate a primary point of contact for project communication
• Provide feedback and approvals within agreed timeframes
• Ensure they have the right to share any data or materials provided to us
• Make timely payments according to the agreed schedule

Delays caused by Client's failure to meet these obligations may result in project timeline extensions and additional fees.

6.1 Client Materials: The Client retains all rights to materials, data, and intellectual property provided to us.

6.2 Deliverables: Upon full payment, the Client receives ownership of custom deliverables specifically created for them under the engagement, unless otherwise specified in the SOW.

6.3 Pre-existing IP: We retain ownership of our pre-existing intellectual property, tools, methodologies, templates, and general knowledge. The Client receives a non-exclusive license to use such materials solely in connection with the deliverables.

6.4 Third-Party Software: Any third-party software, APIs, or services integrated into deliverables remain subject to their respective licenses.

• Is or becomes publicly available through no breach of this agreement
• Was already known to the receiving party
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

9.1 Professional Standards: We warrant that services will be performed with reasonable care and skill in accordance with professional industry standards.

9.2 No Other Warranties: Except as expressly stated, services and deliverables are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.3 Website Disclaimer: Information on our website is for general informational purposes only and does not constitute professional advice. We do not warrant the accuracy, completeness, or suitability of any website content for your specific circumstances.

10.1 Maximum Liability: Our total aggregate liability arising from or related to an engagement shall not exceed the total fees paid by the Client for that engagement, with an absolute maximum of €10,000.

10.2 Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

10.3 Exceptions: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under Dutch law.

10.4 Time Limit: Claims must be brought within 12 months of the date the Client became aware or should reasonably have become aware of the issue.

11.1 Termination for Convenience: Either party may terminate an engagement with 14 days' written notice. The Client remains liable for fees for work completed and committed expenses incurred up to the termination date.

11.2 Termination for Cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice.

11.3 Effect of Termination: Upon termination, the Client must pay all outstanding fees. We will deliver work-in-progress in its current state. Sections relating to payment, intellectual property, confidentiality, and limitation of liability survive termination.

12.1 Change Requests: Any changes to the agreed scope, timeline, or deliverables must be requested in writing. We will assess the impact and may provide a revised quote. Changes become binding only when both parties agree in writing.

12.2 Terms Updates: We may update these Terms from time to time. Updated Terms will apply to engagements commencing after the update. Existing engagements remain governed by the Terms in effect when the engagement began.

16.1 Governing Law: These Terms are governed by the laws of the Netherlands.

16.2 Dispute Resolution: In the event of a dispute, the parties agree to first attempt to resolve it through good-faith negotiations. If negotiations fail within 30 days, either party may pursue legal action.

16.3 Jurisdiction: The courts of the Netherlands shall have exclusive jurisdiction over any disputes arising from these Terms.

De Rijk Digital
Email: dennis@derijkdigital.com
Website: https://derijkdigital.com