1. Definitions

  • “Consultant” refers to Ed van Daal, a freelance IT consultant based in the Netherlands.
  • “Client” refers to the individual or organization purchasing services from the Consultant.
  • “Services” means any IT consultancy, software development, project management, system integration, or related services provided by the Consultant.
  • “Agreement” means these Terms and Conditions together with any written proposal, quotation, or statement of work agreed upon by both parties.

2. Scope of Services The Consultant shall perform the Services with reasonable skill, care, and diligence in accordance with professional standards. Any additional work or change in scope requested by the Client will be subject to a separate written quotation and approval

3. Fees and Payment

  • All fees are stated in euros (EUR), unless otherwise agreed in writing.
  • Invoices will be issued [monthly / upon completion of milestones] and are payable within 30 days of the invoice date.
  • In the event of late payment, the Consultant may charge statutory interest in accordance with Dutch law (Article 6:119a BW).
  • The Client shall reimburse any reasonable expenses (e.g., travel, accommodation, software licenses) incurred in the course of the Services, subject to prior approve

4. Client Obligations

The Client agrees to:

  • Provide timely access to information, systems, and personnel required for the Consultant to perform the Services.
  • Ensure that any third-party systems or software provided for use are properly licensed and compliant.
  • Cooperate fully and in good faith throughout the project.

5. Intellectual Property Rights

  • All pre-existing materials, code, tools, and know-how owned by the Consultant remain the Consultant’s property.
  • Unless otherwise agreed in writing, all deliverables created specifically for the Client will become the Client’s property after full payment has been received.
  • The Consultant retains the right to reuse general knowledge, concepts, or methodologies developed during the engagement.

6. Confidentiality Both parties shall keep all confidential information strictly confidential and shall not disclose it to any third party without prior written consent. This obligation continues for three (3) years after the end of the Agreement.

7. Data Protection

  • The Consultant will process personal data only as necessary for the performance of the Services and in accordance with theEU General Data Protection Regulation (GDPR).
  • The Client remains the data controller, and the Consultant acts as a data processor (where applicable).
  • The parties may enter into a separate Data Processing Agreement (DPA) if required under applicable law.

8. Liability

  • The Consultant shall not be liable for any indirect, incidental, or consequential damages (including loss of profit, business interruption, or data loss).
  • The Consultant’s total liability under this Agreement shall be limited to the total amount of fees paid by the Client for the Services in the three (3) months preceding the event giving rise to the claim.
  • Nothing in this Agreement excludes liability for fraud, gross negligence, or willful misconduct.

9. Term and Termination

  • Either party may terminate the Agreement with 30 days’ written notice.
  • The Consultant may terminate immediately if the Client fails to pay an invoice or breaches any material term of this Agreement.
  • Upon termination, the Client shall pay for all Services rendered and expenses incurred up to the termination date.

10. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising under or in connection with this Agreement shall be submitted to the competent court in Amsterdam, the Netherlands, unless otherwise agreed in writing.

11. Force Majeure Neither party shall be liable for delays or failure in performance caused by events beyond its reasonable control, including natural disasters, war, strikes, or government restrictions.

12. Entire Agreement

These Terms and Conditions, together with any written proposal or statement of work, constitute the entire agreement between the parties and supersede all prior discussions or understandings.

13. Amendments

No amendment or modification of this Agreement shall be valid unless made in writing and signed (or electronically confirmed) by both parties.