Terms & Conditions

General terms and conditions of Pim Polderman Consultancy.

Article 1 - Definitions

1.1. In these terms and conditions, the following definitions apply:

a) Contractor: Pim Polderman Consultancy, registered with the Dutch Chamber of Commerce (KvK) under number 59519312;
b) Client: the natural person or legal entity that enters into an agreement with the Contractor;
c) Agreement: the agreement between the Contractor and the Client for the provision of IT consultancy services;
d) Services: all work the Contractor performs for or on behalf of the Client.

Article 2 - Applicability

2.1. These terms and conditions apply to all quotes and agreements between the Contractor and the Client, and to their execution.

2.2. Deviations from or additions to these terms and conditions are only binding if and insofar as they have been agreed in writing.

Article 3 - Quotes

3.1. All quotes and offers from the Contractor are non-binding and may be withdrawn if necessary, unless the quote states a period for acceptance.

3.2. If the Client cancels the agreement after signing the quote, the Client owes the Contractor a cancellation fee. By default, this fee is 20% of the total amount stated in the quote, including any additional costs and taxes. The Contractor may set a different percentage based on the specific circumstances; any such deviation will be stated in the quote.

Article 4 - Execution of the agreement

4.1. The Contractor will perform the agreement to the best of its knowledge and ability, and in accordance with the standards of good workmanship.

4.2. If and insofar as the proper execution of the agreement requires it, the Contractor may have certain work carried out by third parties.

Article 5 - Overrun of the assignment

5.1. The execution of an assignment may take longer than originally planned, for example because of unforeseen circumstances or delays beyond the Contractor’s control. In such cases, the Contractor will make reasonable efforts to complete the assignment as soon as possible.

5.2. Regardless of the cause or duration of an overrun, the Client cannot charge the Contractor any additional costs or fees because of the extended duration of the assignment. The Contractor is not liable for any direct or indirect damage or loss resulting from an overrun.

5.3. In the event of an overrun, the Contractor will inform the Client in good time to discuss the situation and possible solutions. The Contractor and the Client will consult each other in good faith to assess the consequences of the overrun and take appropriate measures.

5.4. If an overrun is caused by force majeure, such as natural disasters, strikes, political unrest or other unforeseeable events, either party may terminate the agreement without liability for any damage or loss.

Article 6 - Payment

6.1. Unless agreed otherwise, invoices must be paid within 14 days of the invoice date, without any deduction, discount or set-off.

6.2. If the Client does not pay on time, the Client is in default without any further notice being required, and the Contractor is entitled to charge the statutory commercial interest from the due date of the invoice.

Article 7 - Travel and accommodation costs

7.1. Unless agreed otherwise in writing, the Contractor’s travel costs are included in the total fee stated in the quote. This covers travel to the agreed location(s) where the agreement is performed.

7.2. Accommodation costs, such as lodging and meals, are not included in the total fee stated in the quote and will be charged to the Client separately, unless agreed otherwise in writing.

7.3. If performing the agreement involves travel and/or accommodation costs beyond what can reasonably be considered normal, additional costs may apply. The Contractor will communicate these costs to the Client in writing in advance, and the Client must approve them before they are incurred.

7.4. The Client is responsible for providing accurate and complete information about the location(s) where the Services are to be provided. If this information turns out to be incorrect or incomplete, and this leads to additional travel and/or accommodation costs, the Contractor may charge these costs to the Client.

Article 8 - Liability

8.1. The Contractor’s liability for damage arising from or related to the performance of the agreement is limited to a maximum of €500,000 per event or series of related events.

8.2. The Contractor is not liable for indirect damage, such as consequential damage, lost profits, missed savings or damage caused by business interruption.

Article 9 - Disputes

9.1. The Contractor and the Client will first try to resolve any dispute about the formation, interpretation or performance of the agreement, or of agreements arising from it, through mutual consultation.

9.2. If the parties cannot reach a solution through mutual consultation, the dispute will be submitted to the competent court in the district where the Contractor is established.

9.3. All agreements between the Contractor and the Client are governed by Dutch law.

Article 10 - Other provisions

10.1. If any provision of these terms and conditions is void or voidable, the remaining provisions remain fully in force. The Contractor and the Client will consult each other to agree on a replacement provision that matches the purpose and intent of the original provision as closely as possible.

10.2. Changes and additions to any provision of the agreement and/or these terms and conditions can only be agreed in writing, and are only binding once signed by both parties.

10.3. The Contractor may change these terms and conditions. The changed terms take effect once the Contractor has notified the Client of the change. Agreements already concluded remain subject to the terms that applied when the agreement was concluded.

10.4. In cases not covered by these terms and conditions, the decision rests solely with the Contractor.