General Terms and Conditions

1. These general terms and conditions apply to all orders accepted by PrivacyNed B.V. (‘PrivacyNed’), including any follow-up orders and new orders, and other services provided by PrivacyNed.

2. Client guarantees that the information provided by or on behalf of the client to PrivacyNed on which PrivacyNed has based an offer and / or quotation is correct and complete.

3. All orders will be deemed to have been given solely to PrivacyNed and not to any person affiliated with PrivacyNed, even if it is the parties’ intention for an order to be carried out by a certain person affiliated with PrivacyNed. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded. ‘Person affiliated with PrivacyNed’ means any current or former employee, consultant, subsidiary and direct or indirect shareholder of PrivacyNed.

4. Except insofar as it is impossible under the law, any liability of PrivacyNed is limited to the amount paid out under the public liability insurance taken out by PrivacyNed, plus the applicable policy excess.If PrivacyNed is liable for injury to persons or damage to property, that liability is limited to the amount that is paid out under PrivacyNed’s public liability insurance, plus the applicable policy excess. If, for whatever reason, none of the these insurances gives entitlement to any amount, PrivacyNed’s liability is capped at EUR 10,000. Every claim for damages is barred by the mere lapse of one year after the claim arose, unless the client has started legal proceedings before the expiry of that period with the competent judicial authority whereby the claim concerned is lodged on PrivacyNed.

5. The performance of the orders given to PrivacyNed are exclusively for the benefit of the client. Third parties cannot derive any rights from the content of the performance of the work performed for the client.

6. PrivacyNed is entitled to engage third parties for the performance of its activities. PrivacyNed will take due care when selecting third parties. PrivacyNed cannot be held liable for any acts or omissions on the part of third parties. By giving PrivacyNed an order, the client authorises PrivacyNed to accept any third-party limitations of liability on behalf of the client.

7. The client indemnifies PrivacyNed and its affiliated persons against all third-party claims that are in any way related to or ensue from the order given and/or the work performed for the client, except to the extent that the claim is the result of deliberate intent or recklessness on the part of PrivacyNed. This indemnification also includes the costs of legal assistance.

8. Not only PrivacyNed but also every person associated with PrivacyNed may invoke these general terms and conditions. The same applies to successors by universal title of affiliated persons, persons affiliated formerly, and legal successors by universal title of previously affiliated persons.

9. Unless otherwise agreed, the fee will be calculated based on the number of hours worked, multiplied by the applicable hourly rates as determined annually by PrivacyNed. The standard hourly rates can be provided on request. Expenses, such as travel costs, translation costs, courier costs etc, will be charged separately. In principle, the work is charged on a monthly basis, and is subject to a payment term of 14 days.

10. All amounts are excluding VAT and excluding any tax, surcharge or similar increases that a client, payer or PrivacyNed is obliged to pay or that PrivacyNed is obliged to charge.

11. In the event of failure to pay invoices at all or on time, PrivacyNed is entitled to suspend or terminate the work. This is without prejudice to the client’s obligation to settle on time outstanding invoices and those that still have to be sent. PrivacyNed is at all times entitled to request an adequate advance from the client before PrivacyNed commences or continues its work. PrivacyNed is entitled to settle an advance paid by the client with unpaid invoices from the client in the case in question or in other cases.

12. Without prejudice to Article 11 of these terms and conditions, an order with a fixed duration may be terminated early in writing with due observance of a two-month notice period. All other orders may be terminated with due observance of a reasonable notice period. The fee and the expenses are due up to and including the end date of the order.

13. Unless otherwise agreed in writing, PrivacyNed is permitted to use the client’s name and logo for PrivacyNed’s marketing purposes.

14. PrivacyNed is not restricted in terms of working for other clients due to the relationship between PrivacyNed and the client.

15. All intellectual property rights (in particular copyrights) on documents drawn up by PrivacyNed remain vested in PrivacyNed.

16. The relationship between PrivacyNed and its clients is governed by the law of the Netherlands. The competent court in Utrecht has exclusive competence to hear any disputes between PrivacyNed and the client.

17. PrivacyNed has the right to unilaterally change the General Terms and Conditions. If (a part of) the General Terms and Conditions are changed in the future, PrivacyNed will immediately send a copy of this to the client with or a clear mention to the relevant changes.

18. There are Dutch and English versions of these general terms and conditions. If there are any discrepancies between the Dutch version and the English version, the Dutch version will prevail.

19. PrivacyNed has its registered office in Amsterdam, the Netherlands, and is registered in the Trade Register under registration number 74585959.