Last updated 3 August 2026
General terms
These terms apply to quotations, engagements and deliverables of:
KVOmaBanebergpassage 2
6371 HW Landgraaf, Netherlands
KVK 42047901 · BTW NL005454890B91
contact@kvoma.com
1. Definitions and applicability
“I” and “me” refer to the practice named above. “Client” means the party engaging it. “Engagement” means the assignment described in an accepted quotation or written agreement.
These terms apply to every quotation and engagement unless something different is agreed in writing. Where a written agreement and these terms conflict, the written agreement prevails. The client's own purchasing or general terms are expressly not accepted.
2. Quotations and formation
Quotations are non-binding and valid for thirty days from their date unless they state otherwise. An engagement is formed when the client accepts a quotation in writing, including by email, or when work begins at the client's request with the client's knowledge.
Every quotation states the proposed system, the components it touches, and the expected cost to build and to run. Figures given for third-party running costs, such as hosting or metered API usage, are estimates based on the information available at the time and are not fixed prices.
3. Scope and changes
The engagement covers what the accepted quotation describes and nothing beyond it. Work that falls outside that description is carried out only after the parties agree its scope and cost in writing.
Where a change is unavoidable because a third-party interface, statutory requirement or source system changes during the engagement, I will say so promptly, set out the effect on cost and timing, and wait for the client's instruction before continuing on the affected part.
4. The client's cooperation
Delivery depends on the client supplying, in good time, the access, credentials, test data, documentation and decisions the work requires, and naming one person who can decide on the client's behalf.
Where cooperation is not forthcoming and the work stalls as a result, agreed timelines lapse and any reasonable costs of the resulting standstill may be charged.
5. Fees, invoicing and payment
Fees are stated in the quotation and are exclusive of VAT (BTW) and of third-party costs such as hosting, licences and metered usage, which are passed on at cost unless agreed otherwise.
Unless the quotation says otherwise, invoices are payable within thirty days of the invoice date. On engagements running longer than a month I invoice monthly in arrears or against agreed milestones.
If an invoice is not paid on time, statutory commercial interest under Article 6:119a of the Dutch Civil Code accrues from the due date, and reasonable costs of collection may be charged. I may suspend work on overdue invoices after giving written notice and a reasonable opportunity to pay.
6. Timelines
Delivery dates are planning estimates and are not strict deadlines (fatale termijnen) unless a written agreement expressly says so. Where a date will be missed I will say so as early as I can, with the reason and a revised date.
7. Intellectual property
On full payment, the client receives a perpetual, worldwide, non-exclusive right to use, modify and run the deliverables built specifically for it, together with the source code and the documentation needed to do so. The client is free to have the system maintained or extended by anyone.
I retain the right to reuse general knowledge, methods, techniques and non-client-specific components developed in the course of the work. Nothing in this clause permits me to reuse the client's data, business logic that is specific to the client, or anything the client has identified as confidential.
8. Third-party and open-source components
Deliverables may incorporate third-party or open-source components. These remain subject to their own licences, which I will identify on request and which are listed in the handover documentation. Where an engagement requires a paid third-party licence or subscription, the client contracts for it in its own name unless agreed otherwise.
9. Confidentiality
Each party keeps confidential the non-public information it receives from the other and uses it only for the engagement. This obligation continues for five years after the engagement ends, and indefinitely for information that is confidential by law or by its nature, such as client files held under a professional duty of secrecy.
I will not name a client, describe an engagement, or use a client's logo as a reference without that client's prior written permission.
10. Personal data
Where I process personal data on the client's behalf, the client is the controller and I am the processor. A written processing agreement (verwerkersovereenkomst) meeting Article 28 GDPR is concluded before processing begins and forms part of the engagement. My own handling of personal data is described in the privacy statement.
11. Warranty and defects
I warrant that deliverables will materially perform as described in the accepted quotation. Defects reported in writing within thirty days of delivery, and reproducible, are corrected without charge.
This warranty does not cover faults arising from changes made by the client or a third party, from changes to systems outside my control, from use contrary to the documentation, or from the client's own data being incorrect.
12. Liability
My liability for attributable failure is limited to direct damage and, in aggregate per engagement, to the amount invoiced and paid under that engagement in the twelve months preceding the event, or the amount paid out by my liability insurer for the matter, whichever is higher.
I am not liable for indirect damage, including lost profit, lost savings, lost or corrupted data, business interruption, or claims by third parties against the client. The client remains responsible for maintaining its own backups.
None of these limits applies to damage caused by intent or deliberate recklessness on my part.
A claim lapses unless it is notified in writing within one year of the client becoming aware, or reasonably able to become aware, of the damage.
13. Force majeure
Neither party is liable for a failure caused by circumstances beyond its reasonable control, including failures of infrastructure, hosting or third-party interfaces, cyber-attack, or serious illness of the individual performing the work. Where force majeure lasts longer than sixty days, either party may terminate the engagement in writing, with work already performed remaining payable.
14. Suspension and termination
Either party may terminate an engagement in writing with thirty days' notice. Work performed and third-party commitments already entered into up to the effective date remain payable.
Either party may terminate with immediate effect if the other is declared bankrupt, is granted suspension of payments, or commits a material breach that it fails to remedy within fourteen days of written notice.
15. Handover
On termination or completion, and provided invoices due have been paid, I hand over the source code, the credentials, the deployment configuration and the operating documentation, so the system can be run without me. Data held on the client's behalf is returned in a common machine-readable format or deleted, as the client instructs.
16. Applicable law and disputes
Dutch law applies. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties will attempt to resolve a dispute between themselves before litigating. Failing that, disputes are submitted to the competent court of the Rechtbank Limburg, without prejudice to any mandatory rule of jurisdiction that gives a consumer or another party the right to a different court.
17. Amendments
I may amend these terms for future quotations and engagements. The version in force is the one published here on the date the quotation is issued, and it is supplied with the quotation so that the client has it before accepting.