General Terms and Conditions
Last updated: January 2025
Nederlandse versie — In case of ambiguity between the English and Dutch versions, the Dutch version prevails.
These General Terms and Conditions (“Terms”) apply to all services provided by Albert Sikkema, registered as an eenmanszaak at the Dutch Chamber of Commerce (KvK) under number 99658550.
1. Definitions
- Client: The party engaging Albert Sikkema for services
- Services: Consulting, advisory, software development, and related professional services
- Agreement: Any contract or engagement between Albert Sikkema and the Client
- Deliverables: Work products, code, documentation, or other outputs resulting from the Services
2. Applicability
2.1. These Terms apply to all offers, agreements, and services unless explicitly agreed otherwise in writing.
2.2. A Client who has previously contracted under these Terms agrees to the applicability of these Terms to future agreements.
2.3. The Client’s own terms and conditions do not apply unless explicitly accepted in writing.
3. Offers and agreements
3.1. All offers are non-binding unless stated otherwise.
3.2. An Agreement is formed when the Client accepts an offer in writing (including email), or when I begin performing services at the Client’s request.
3.3. Changes to the Agreement require written consent from both parties.
4. Execution of services
4.1. I will perform services to the best of my ability, in accordance with professional standards and the agreed specifications.
4.2. Services are provided on a best-efforts basis unless a specific result is explicitly guaranteed in writing.
4.3. The Client will provide timely access to information, resources, and personnel necessary for service delivery.
5. Fees and payment
5.1. Fees are as specified in the offer or Agreement. For ongoing work, I may adjust rates with 30 days written notice.
5.2. Invoices are due within 14 days of the invoice date, unless otherwise agreed.
5.3. If the Client fails to pay on time, they are automatically in default without notice being required. From that moment, statutory commercial interest is due.
5.4. All reasonable extrajudicial collection costs are borne by the Client.
5.5. I may suspend services if invoices remain unpaid for more than 30 days.
6. Intellectual property
6.1. I retain all rights under copyright law (Auteurswet) and other intellectual property legislation.
6.2. Upon full payment, the Client receives a license to use custom Deliverables created specifically for the Client, unless transfer of ownership is explicitly agreed in writing.
6.3. I retain ownership at all times of:
- Pre-existing code, tools, and methodologies
- Generic components, libraries, and frameworks
- Knowledge and expertise gained during the engagement
6.4. I may use generic, non-confidential elements in future projects.
6.5. I may reference the Client and general project description in my portfolio, unless the Client objects in writing.
7. Confidentiality
7.1. Both parties will keep confidential information confidential and use it only for purposes of the Agreement.
7.2. This obligation survives termination of the Agreement for 2 years.
7.3. Confidential information does not include information that is publicly available or independently developed.
8. Liability
8.1. My liability is limited to direct damages and capped at the fees paid by the Client for the specific phase or deliverable to which the claim relates.
8.2. I am not liable for indirect damages, including consequential damages, lost profits, or lost data.
8.3. These limitations do not apply in case of intent or gross negligence.
8.4. The Client indemnifies me against third-party claims arising from the Client’s use of Deliverables.
8.5. Claims must be submitted in writing within 12 months of discovery of the damage, and no later than 5 years after completion of the relevant services. Claims submitted after these periods are barred.
8.6. I maintain professional liability insurance (beroepsaansprakelijkheidsverzekering) appropriate for my services.
9. Termination
9.1. Either party may terminate an ongoing Agreement with 30 days written notice.
9.2. I may terminate immediately if the Client:
- Fails to pay invoices within 30 days after a reminder
- Breaches these Terms and fails to remedy within 14 days of notice
9.3. Upon termination, the Client pays for all services rendered up to the termination date.
10. Data protection
10.1. Both parties comply with applicable data protection laws, including the General Data Protection Regulation (GDPR/AVG).
10.2. If I process personal data on behalf of the Client, a separate Data Processing Agreement (verwerkersovereenkomst) will be concluded.
10.3. The Client is responsible for ensuring lawful collection and use of any personal data provided to me.
11. Force majeure
11.1. Neither party is liable for delays or failures due to circumstances beyond reasonable control.
11.2. Force majeure includes, but is not limited to: illness, pandemic, internet or power outages, third-party service failures, natural disasters, government actions, and cyberattacks.
11.3. If force majeure continues for more than 60 days, either party may terminate the Agreement without liability for damages.
12. Applicable law and disputes
12.1. These Terms and all Agreements are governed exclusively by Dutch law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
12.2. Disputes will first be addressed through good-faith negotiation. If unresolved, disputes will be submitted to the competent court in the Netherlands.
13. Contact
Albert Sikkema Eenmanszaak KvK: 99658550