Terms and Conditions

  • Home /
  • Terms and Conditions

These Terms and Conditions apply to all offers, agreements, and services provided by App-consult Group B.V. (“App-consult Group”, “we”, “us”) to business customers (B2B).

Company details:

  • App-consult Group B.V.
  • Registered address: Wytemalaan 44, 1814 GW Alkmaar, The Netherlands
  • Chamber of Commerce (KvK): 74568485

1. Definitions

  • Client: the business customer purchasing services.
  • Agreement: the agreement between the parties, including related documents.
  • Offer: a written offer issued by App-consult Group.
  • Statement of Work / SOW: project-specific scope, planning, deliverables, rates, and additional agreements.
  • Services: including consultancy, custom software development, cloud/DevOps/infrastructure work, interim/leadership, support, and training.

2. Applicability and precedence

  1. These Terms and Conditions apply to all Offers and Agreements.
  2. Deviations apply only if agreed in writing.
  3. In case of conflict, the following order of precedence applies (high to low):
    1. SOW
    2. Offer
    3. these Terms and Conditions

3. Offers and formation

  1. Offers are valid for 30 days unless stated otherwise.
  2. An Agreement is formed once the Client signs the Offer in writing.
  3. Services are performed in accordance with the applicable SOW.

4. Performance and subcontractors

  1. App-consult Group will perform the Services with due care and on a best-effort basis.
  2. App-consult Group may engage subcontractors and freelancers without prior consent from the Client.

5. Client obligations

  1. The Client provides timely information, materials, access (accounts/credentials), and cooperation reasonably required.
  2. The Client appoints a contact person authorized to approve changes, additional work, and acceptance.
  3. Delays or additional costs due to missing or late input/access are at the Client’s expense and risk.

6. Changes and additional work

  1. Changes to scope, planning, or deliverables are performed only after written approval by the Client.
  2. Additional work is invoiced as agreed in the SOW or, if not specified, on a time-and-materials basis at the then-current rates.

7. Fees, invoicing, and payment

  1. Fees and pricing model (hourly rates, fixed price, retainer, etc.) are agreed per SOW.
  2. Invoicing schedule and milestones are agreed per SOW.
  3. Payment term is 30 days from the invoice date.
  4. In case of late payment, statutory (commercial) interest and reasonable (extra)judicial collection costs may be charged.
  5. App-consult Group may suspend performance while the Client is in default.

8. Annual indexation (inflation)

  1. App-consult Group may annually index hourly rates and fixed fees for ongoing monthly contracts (such as SLAs and support subscriptions).
  2. Indexation is based on the Consumer Price Index (CPI) published by Statistics Netherlands (CBS), all households.
  3. Indexation only increases fees; in case of negative inflation, fees remain unchanged.

9. Delivery and acceptance

  1. Deliveries are made as agreed in the SOW.
  2. If the Client does not raise written objections or report defects within 10 business days after delivery, the deliverable is deemed accepted.
  3. Sprint-based/iterative delivery may be part of the SOW.

10. Warranty

  1. Any warranty period or specific warranty terms apply only if explicitly included in the SOW.
  2. Otherwise, services are provided on a best-effort basis.

11. Support, SLA, and service desk

  1. Standard support is best effort unless agreed otherwise.
  2. An SLA may be agreed for an additional fee.
  3. The service desk is available only to existing customers with a support agreement.

12. Intellectual property

  1. Intellectual property rights in deliverables created by App-consult Group are transferred to the Client after full payment of all amounts due for the relevant SOW.
  2. In deviation from the above, no transfer applies to (parts of) App-consult Group’s own SaaS products; the Client receives the usage rights as agreed.
  3. App-consult Group retains intellectual property rights in pre-existing materials, generic components, tools, templates, methods, and know-how developed independently of the assignment. To the extent such elements are incorporated, the Client receives a non-exclusive right to use them internally.
  4. Use of open source and third-party components is allowed. The Client accepts that third-party license terms may apply.

13. Confidentiality

  1. The parties keep each other’s confidential information confidential and use it only for performing the Agreement.
  2. This obligation does not apply to information that (a) is public without breach, (b) was lawfully obtained from a third party, or (c) was already known to the receiving party.
  3. If the parties sign a separate NDA, its provisions apply in addition to (or replace) this clause to the extent they differ.

14. Privacy and data processing

  1. If App-consult Group processes personal data on behalf of the Client, the parties will enter into a data processing agreement (DPA) when required.
  2. The Client warrants it is entitled to have such personal data processed and will comply with its legal obligations.

15. Liability

  1. App-consult Group is not liable for indirect or consequential damages, lost profits, lost savings, loss of data, or reputational harm.
  2. App-consult Group’s total liability is limited to the lower of: a) the fees paid by the Client in the last 3 months preceding the event causing the damage; or b) the total amount of the relevant SOW.
  3. This limitation does not apply to damages resulting from intent or wilful recklessness.

16. Term and termination

  1. Ongoing engagements may be terminated by either party in writing with 1 month’s notice, unless agreed otherwise.
  2. Payment obligations already due remain in effect after termination.

17. References

App-consult Group may use the Client’s name and logo as a reference only with the Client’s prior consent.

18. Governing law and jurisdiction

  1. These Terms and Conditions and all Agreements are governed by the laws of the Netherlands.
  2. Disputes will be submitted to the competent court in Alkmaar, the Netherlands.

Language

This English version is provided for convenience. In case of differences in interpretation, the Dutch version prevails.

Last updated

2026-02-16