{"id":6729,"date":"2026-03-26T18:26:59","date_gmt":"2026-03-26T17:26:59","guid":{"rendered":"https:\/\/www.constructiefgoed.nl\/algemene-voorwaarden\/"},"modified":"2026-03-26T19:03:57","modified_gmt":"2026-03-26T18:03:57","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.constructiefgoed.nl\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"
\n

\n ConstructiefGoed B.V. (hereinafter: ConstructiefGoed) is registered with the Dutch Chamber of Commerce under number 90752201 and is established at Staalstraat 167 (1951MB) in Velsen-Noord.\n <\/p>\n

\n

Article 1 – Definitions<\/h2>\n
    \n
  1. In these general terms and conditions, the following terms shall have the following meanings, unless explicitly stated otherwise.<\/li>\n
  2. Offer:<\/strong> any offer or quotation made by ConstructiefGoed to the Client for the provision of Services.<\/li>\n
  3. Company:<\/strong> the natural person or legal entity acting in the exercise of a profession or business.<\/li>\n
  4. Consumer:<\/strong> the natural person not acting in the exercise of a profession or business.<\/li>\n
  5. Services:<\/strong> preparing structural calculations in the broadest sense of the word, and providing advice.<\/li>\n
  6. Service Provider:<\/strong> ConstructiefGoed, incorporated under Dutch law, established in the Netherlands and offering Services to the Client, hereinafter: ConstructiefGoed.<\/li>\n
  7. Client:<\/strong> the natural person or legal entity acting in the exercise of a profession or business, or the Consumer, who has appointed ConstructiefGoed, has assigned projects to ConstructiefGoed for Services to be performed by ConstructiefGoed, or to whom ConstructiefGoed has made a proposal on the basis of an Agreement.<\/li>\n
  8. Agreement:<\/strong> any Agreement and other obligations between the Client and ConstructiefGoed, as well as proposals by ConstructiefGoed for Services provided by ConstructiefGoed to the Client and accepted by the Client and carried out by ConstructiefGoed, of which these general terms and conditions form an inseparable part.<\/li>\n
  9. DNR2011:<\/strong> The industry terms and conditions for architects, consultancy, management, and engineering firms. Source: nlingenieurs.nl.<\/li>\n<\/ol>\n<\/section>\n
    \n

    Article 2 – Applicability<\/h2>\n
      \n
    1. These general terms and conditions apply to every Offer by ConstructiefGoed, every Agreement between ConstructiefGoed and the Client, and every Service offered by ConstructiefGoed.<\/li>\n
    2. Before an Agreement is concluded, the Client shall be provided with these general terms and conditions. If this is not reasonably possible, ConstructiefGoed shall indicate how the Client can inspect the general terms and conditions.<\/li>\n
    3. Deviation from these general terms and conditions is not possible. In exceptional situations, deviation may be allowed insofar as this has been explicitly agreed in writing with ConstructiefGoed.<\/li>\n
    4. These general terms and conditions also apply to additional, amended, and follow-up assignments from the Client.<\/li>\n
    5. The Client\u2019s own general terms and conditions are excluded.<\/li>\n
    6. If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled, the remaining provisions shall remain in force, and the invalid\/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.<\/li>\n
    7. Any ambiguities regarding the content, interpretation, or situations not regulated in these general terms and conditions must be assessed and interpreted in the spirit of these general terms and conditions.<\/li>\n
    8. The applicability of Sections 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.<\/li>\n
    9. Where these general terms and conditions refer to she\/her, this shall also be understood as a reference to he\/him\/his, where and if applicable.<\/li>\n
    10. If ConstructiefGoed has not always required strict compliance with these general terms and conditions, it shall retain its right to demand full or partial compliance with these general terms and conditions.<\/li>\n
    11. The DNR2011 terms and conditions apply. These general terms and conditions supplement the DNR2011 terms and conditions. In the event of conflict between these general terms and conditions and the DNR2011, the provisions of these general terms and conditions shall prevail.<\/li>\n<\/ol>\n<\/section>\n
      \n

      Article 3 – The Offer<\/h2>\n
        \n
      1. All offers made by ConstructiefGoed are non-binding, unless expressly stated otherwise in writing. If the Offer is subject to limitations or specific conditions, this shall be expressly stated in the Offer.<\/li>\n
      2. ConstructiefGoed is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, ConstructiefGoed has the right to refuse an Agreement with a (potential) Client for a reason deemed justified by ConstructiefGoed.<\/li>\n
      3. The Offer contains a description of the Services offered. The description is sufficiently detailed to enable the Client to properly assess the Offer. Any images and\/or specific information (including but not limited to shown and\/or provided models, examples of documents, and statements of colours, capacities, functionalities, dimensions, and other descriptions in sketches, drawings, brochures, promotional materials) in the Offer are only indicative and cannot give rise to any compensation or dissolution of the Agreement. Minor deviations acceptable in the industry are permissible and do not constitute grounds for termination of the Agreement. Any information in the Offer is merely indicative and cannot give rise to any compensation or dissolution of the Agreement.<\/li>\n
      4. Offers or quotations do not automatically apply to follow-up assignments.<\/li>\n
      5. Delivery times stated in the Offer by ConstructiefGoed are, in principle, indicative and do not entitle the Client to termination or compensation if exceeded, unless expressly agreed otherwise.<\/li>\n<\/ol>\n<\/section>\n
        \n

        Article 4 – Formation of the Agreement<\/h2>\n
          \n
        1. The Agreement is formed at the moment the Client accepts an Offer and\/or Agreement from ConstructiefGoed by returning a signed copy (scanned or original) to ConstructiefGoed, or by providing explicit and unambiguous approval of the Offer by email.<\/li>\n
        2. ConstructiefGoed has the right to revoke the (signed) Agreement within 5 business days after receipt of the acceptance.<\/li>\n
        3. ConstructiefGoed is not bound by an Offer if the Client could reasonably have expected, understood, or should have understood that the Offer contained an obvious mistake or clerical error. The Client cannot derive any rights from such a mistake or clerical error.<\/li>\n
        4. Every Agreement concluded with ConstructiefGoed or project assigned by the Client to ConstructiefGoed is entered into with the company and not with any individual person connected to ConstructiefGoed.<\/li>\n
        5. The right of withdrawal for a Client acting as a Company is excluded, unless agreed otherwise. A Client acting as a Consumer has the statutory right of withdrawal for 14 days, unless ConstructiefGoed has already commenced the provision of Services with the Consumer\u2019s consent. By granting such consent, the Client waives the right of withdrawal.<\/li>\n
        6. If the Agreement is entered into by multiple Clients, each Client shall be jointly and severally liable for the fulfilment of all obligations arising from the Agreement.<\/li>\n<\/ol>\n<\/section>\n
          \n

          Article 5 – Duration of the Agreement<\/h2>\n
            \n
          1. The Agreement is entered into for a fixed term, unless the content, nature, or purport of the assignment implies that it has been entered into for an indefinite period. The duration of the assignment also depends on external factors, including but not limited to the quality and timely supply of information obtained by ConstructiefGoed from the Client.<\/li>\n
          2. Both the Client and ConstructiefGoed may dissolve the Agreement on the grounds of an attributable failure in the performance of the Agreement if the other party has been given written notice of default and a reasonable period to fulfil its obligations and still fails to do so properly. This also includes the Client\u2019s payment and cooperation obligations.<\/li>\n
          3. Dissolution of the Agreement does not affect the Client\u2019s payment obligations insofar as ConstructiefGoed has already performed work or delivered performance at the time of dissolution. The Client must pay the agreed fee.<\/li>\n
          4. The parties may terminate the Agreement by email subject to a notice period of one month.<\/li>\n
          5. If an Agreement has been concluded for an indefinite period, either party may terminate the Agreement in writing subject to one month\u2019s notice.<\/li>\n
          6. In the event of early termination of the Agreement within 14 days after conclusion by a Client acting as a Consumer, the Client shall owe the actual costs incurred up to that point by ConstructiefGoed at the agreed hourly rate. The time records kept by ConstructiefGoed shall be leading.<\/li>\n
          7. In the event of early termination of a fixed-term Agreement, the Client shall owe the full costs stated in the Offer\/Agreement, unless agreed otherwise.<\/li>\n
          8. Both the Client and ConstructiefGoed may terminate the Agreement in whole or in part in writing with immediate effect, without further notice of default, if one of the parties is granted suspension of payments, bankruptcy is filed for, or the relevant business ends through liquidation. If such a situation occurs, ConstructiefGoed shall never be obliged to refund sums already received and\/or pay compensation.<\/li>\n<\/ol>\n<\/section>\n
            \n

            Article 6 – Performance of the Services<\/h2>\n
              \n
            1. ConstructiefGoed shall make every effort to perform the agreed Service with the utmost care expected of a good service provider. ConstructiefGoed guarantees professional and independent service provision. All Services are performed on the basis of an obligation of effort, unless a specific result has been explicitly agreed in writing and described in detail.<\/li>\n
            2. The Agreement on the basis of which ConstructiefGoed performs the Services is decisive for the scope and extent of the service provision. The Agreement shall be performed solely for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.<\/li>\n
            3. The information and data provided by the Client form the basis on which the Services offered by ConstructiefGoed and the prices are based. ConstructiefGoed has the right to adjust its services and its prices if the information provided proves to be incorrect and\/or incomplete.<\/li>\n
            4. In performing the Services, ConstructiefGoed is not obliged to follow the Client\u2019s instructions if doing so changes the content or scope of the agreed Services. If the instructions result in additional work for ConstructiefGoed, the Client is obliged to reimburse the related additional costs accordingly based on a new quotation.<\/li>\n
            5. ConstructiefGoed is entitled to engage third parties of its own choosing for the performance of the Services.<\/li>\n
            6. If the nature and duration of the assignment require this, ConstructiefGoed shall keep the Client informed of the progress in the agreed manner.<\/li>\n
            7. The performance of the Services is based on the information provided by the Client. If the information needs to be amended, this may affect an agreed schedule. ConstructiefGoed shall never be liable for adjustments to the schedule. If the commencement, progress, or delivery of the Services is delayed because, for example, the Client has not provided all requested information in time, or not in the desired format, has not cooperated sufficiently, an advance payment has not been received by ConstructiefGoed in time, or there is delay due to other circumstances attributable to the Client, ConstructiefGoed is entitled to a reasonable extension of the delivery period. All damage and additional costs resulting from delay caused by a circumstance as referred to above shall be borne by the Client.<\/li>\n<\/ol>\n<\/section>\n
              \n

              Article 7 – Obligations of the Client<\/h2>\n
                \n
              1. The Client is obliged to provide all information requested by ConstructiefGoed, as well as relevant attachments and related information and data, in a timely manner and\/or before the start of the work and in the desired format, for the correct and efficient performance of the Agreement. Failing this, ConstructiefGoed may not be able to fully perform and\/or deliver the relevant documents. The consequences of such a situation shall always be borne by the Client.<\/li>\n
              2. ConstructiefGoed is not obliged to verify the accuracy and\/or completeness of the information provided to it or to update the Client in relation to the information if it changes over time, nor is ConstructiefGoed responsible for the accuracy and completeness of information compiled by ConstructiefGoed for third parties and\/or provided to third parties in the context of the Agreement.<\/li>\n
              3. If necessary for the performance of the Agreement, ConstructiefGoed may request additional information. Failing this, ConstructiefGoed is entitled to suspend its work until the information has been received, without being obliged to compensate any damage whatsoever to the Client. In the event of changed circumstances, the Client must notify ConstructiefGoed immediately, or at the latest within 3 business days after the change has become known.<\/li>\n
              4. In the case of modifications, the Client is obliged to first submit these to ConstructiefGoed before approaching a third party. If the Client approaches a third party with the structural drawing before consulting ConstructiefGoed, the Client shall still be obliged to pay all costs.<\/li>\n
              5. If a modification has to be made due to government requirements, ConstructiefGoed shall make that adjustment free of charge.<\/li>\n
              6. If the municipality rejects the structural calculation, the Client is obliged to submit this within 6 weeks after the municipality\u2019s rejection so that ConstructiefGoed can amend the calculation free of charge. After this period, the Client shall owe the regular rate for the work to ConstructiefGoed.<\/li>\n<\/ol>\n<\/section>\n
                \n

                Article 8 – Advice<\/h2>\n
                  \n
                1. If instructed to do so, ConstructiefGoed may prepare advice, a plan of approach, calculation, report, schedule, and\/or records for the purpose of the service provision. The content thereof is not binding and is advisory in nature only, although ConstructiefGoed shall observe its duty of care. The Client decides independently and at its own responsibility whether to follow the advice.<\/li>\n
                2. At the first request of ConstructiefGoed, the Client is obliged to assess the proposals provided by ConstructiefGoed. If ConstructiefGoed is delayed in its work because the Client does not assess a proposal made by ConstructiefGoed, or does not do so in time, the Client shall at all times be responsible for the resulting consequences, such as delay.<\/li>\n
                3. The nature of the Services means that the result always depends on external factors that may affect the reports and advice of ConstructiefGoed, such as the quality, accuracy, and timely delivery of required information and data from the Client and its staff. The Client guarantees the quality and timely and correct delivery of the required data and information.<\/li>\n
                4. Before the start of the work, the Client shall inform ConstructiefGoed in writing of all circumstances that are important or may be important, including any points and priorities to which the Client wishes attention to be given.<\/li>\n<\/ol>\n<\/section>\n
                  \n

                  Article 9 – Structural Calculation<\/h2>\n
                    \n
                  1. The Client is obliged to provide all required information, data, and documents in a timely, complete, correct, and desired format for the structural calculation.<\/li>\n
                  2. The Client must record all wishes and requirements for developing a structural calculation in writing. In consultation with the Client, ConstructiefGoed may deviate from this if it considers this necessary and\/or desirable in order to achieve the intended result.<\/li>\n
                  3. The development of the calculation shall take place in accordance with the phases set out in the DNR2011 terms and conditions.<\/li>\n
                  4. <\/li>\n<\/ol>\n<\/section>\n
                    \n

                    Article 10 – Delivery<\/h2>\n
                      \n
                    1. If the commencement, progress, or delivery of the Services is delayed because, for example, the Client has not provided all requested information in time, has not cooperated sufficiently, the advance payment has not been received by ConstructiefGoed in time, or there are other circumstances attributable to the Client, ConstructiefGoed is entitled to a reasonable extension of the delivery period. Under no circumstances are the stated deadlines fatal deadlines, nor can ConstructiefGoed be held liable for exceeding the agreed term.<\/li>\n
                    2. All damage and additional costs resulting from delay due to a cause referred to in paragraph 1 shall be borne by the Client and will be charged by ConstructiefGoed to the Client.<\/li>\n
                    3. If the Client is required to give approval, ConstructiefGoed is entitled to suspend the performance of the Agreement until the Client has given such approval.<\/li>\n
                    4. ConstructiefGoed shall make every effort to realise the service provision within the agreed term, insofar as this can reasonably be required of it. If urgency applies, the Client is obliged to reimburse the additional costs involved.<\/li>\n
                    5. ConstructiefGoed shall make every effort to deliver the Service as much as possible in accordance with the Offer.<\/li>\n
                    6. ConstructiefGoed has the right to sign all calculations designed and\/or developed by it, or to have its name stated thereon. ConstructiefGoed also has the right to use all its calculations, designs, and all items on which its intellectual property rights rest for its own promotion and\/or publicity without prior express permission from the Client.<\/li>\n<\/ol>\n<\/section>\n
                      \n

                      Article 11 – Actual Project Execution<\/h2>\n
                        \n
                      1. The services of ConstructiefGoed are aimed solely at providing advice in the broadest sense of the word. Work aimed at delivering a material result is always carried out by third parties with whom the Client has concluded a direct agreement. ConstructiefGoed is in no way involved in the performance of that agreement by the relevant third party.<\/li>\n
                      2. If instructed to do so, ConstructiefGoed may mediate in the conclusion of one or more agreements between the Client and a third party for the actual execution of (project) work intended to realise a material result and\/or deliver goods.<\/li>\n
                      3. If and insofar as goods are delivered by third parties, this shall take place exclusively under the scope of the agreement between that third party and the Client, in accordance with that third party\u2019s terms and conditions. If and insofar as any warranty has been provided, that warranty can only be enforced against that third party. Complaints must be submitted directly to the third party unless all parties concerned have agreed that ConstructiefGoed is authorised to submit complaints on behalf of the Client.<\/li>\n<\/ol>\n<\/section>\n
                        \n

                        Article 12 – Additional Work and Amendments<\/h2>\n
                          \n
                        1. If during the performance of the Agreement it appears that the Agreement needs to be amended, or if additional work is required at the Client\u2019s request in order to achieve the desired result, the Client is obliged to pay for such additional work at the agreed rate. ConstructiefGoed is not obliged to comply with such a request and may require the Client to enter into a separate Agreement for this and\/or refer the Client to a competent third party.<\/li>\n
                        2. If the additional work is the result of negligence by ConstructiefGoed, an incorrect estimate by ConstructiefGoed, or work that ConstructiefGoed could reasonably have foreseen, these costs shall not be charged to the Client.<\/li>\n<\/ol>\n<\/section>\n
                          \n

                          Article 13 – Prices and Payment<\/h2>\n
                            \n
                          1. All prices are, in principle, exclusive of VAT, unless agreed otherwise.<\/li>\n
                          2. ConstructiefGoed performs its services in accordance with the agreed hourly rate as stated in the quotation and\/or Agreement. The costs of the work shall be calculated afterwards on the basis of the time records prepared by ConstructiefGoed (subsequent calculation).<\/li>\n
                          3. Travel time for the benefit of the Client, and travel-related costs, shall be charged to the Client.<\/li>\n
                          4. The Client is obliged to fully reimburse the costs of third parties engaged by ConstructiefGoed with the Client\u2019s approval, unless expressly agreed otherwise.<\/li>\n
                          5. The parties may agree that the Client must pay an advance. If an advance has been agreed, the Client must pay the advance before the service provision is commenced.<\/li>\n
                          6. The Client cannot derive any rights or expectations from a budget provided in advance, unless the parties have expressly agreed otherwise.<\/li>\n
                          7. ConstructiefGoed is entitled to increase the applicable prices and rates annually in line with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as these have been expressly laid down in the Agreement.<\/li>\n
                          8. The Client must pay these costs in one payment, without set-off or suspension, within the stated payment term of 5 days as indicated on the invoice, to the bank account and details made known by ConstructiefGoed.<\/li>\n
                          9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation, or a request for payment against the Client, payment and all other obligations of the Client under the Agreement shall become immediately due and payable.<\/li>\n<\/ol>\n<\/section>\n
                            \n

                            Article 14 – Collection Policy<\/h2>\n
                              \n
                            1. If the Client fails to meet its payment obligation and has not paid within the payment term set for that purpose, a Client acting as a Company shall be in default by operation of law. A Client acting as a Consumer shall first receive a written reminder with a period of 14 days after the date of the reminder to still fulfil the payment obligation, including a statement of the extrajudicial collection costs if the Consumer fails to fulfil the obligation within that period, before the Consumer is considered in default.<\/li>\n
                            2. From the date on which the Client is in default, ConstructiefGoed shall, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment, and to reimbursement of the extrajudicial costs in accordance with Section 6:96 of the Dutch Civil Code, calculated in accordance with the scale in the Extrajudicial Collection Costs Decree of 1 July 2012.<\/li>\n
                            3. If ConstructiefGoed has incurred more or higher costs that are reasonably necessary, these costs shall be eligible for reimbursement. Any legal and enforcement costs actually incurred shall also be borne by the Client.<\/li>\n<\/ol>\n<\/section>\n
                              \n

                              Article 15 – Privacy, Data Processing and Security<\/h2>\n
                                \n
                              1. ConstructiefGoed handles the Client\u2019s (personal) data with care and shall only use it in accordance with the applicable standards. If requested, ConstructiefGoed shall inform the data subject accordingly.<\/li>\n
                              2. The Client is responsible for the processing of data processed using a service of ConstructiefGoed. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies ConstructiefGoed against any claim related to this data or the performance of the Agreement.<\/li>\n
                              3. If ConstructiefGoed is required under the Agreement to provide security for information, such security shall meet the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.<\/li>\n<\/ol>\n<\/section>\n
                                \n

                                Article 16 – Suspension and Dissolution<\/h2>\n
                                  \n
                                1. ConstructiefGoed has the right to retain the data, data files, and other materials received or produced by it if the Client has not yet fully met its payment obligations. This right remains fully in force if a justified reason for suspension arises for ConstructiefGoed.<\/li>\n
                                2. ConstructiefGoed is entitled to suspend the performance of its obligations as soon as the Client is in default in the fulfilment of any obligation arising from the Agreement, including late payment of its invoices. The suspension shall be confirmed to the Client in writing without delay.<\/li>\n
                                3. In that case, ConstructiefGoed shall not be liable for any damage whatsoever resulting from the suspension of its work.<\/li>\n
                                4. The suspension and\/or dissolution does not affect the Client\u2019s payment obligations for work already performed. In addition, the Client is obliged to compensate ConstructiefGoed for any financial loss suffered by ConstructiefGoed as a result of the Client\u2019s default.<\/li>\n<\/ol>\n<\/section>\n
                                  \n

                                  Article 17 – Force Majeure<\/h2>\n
                                    \n
                                  1. ConstructiefGoed shall not be liable if it is unable to fulfil its obligations under the Agreement due to a force majeure situation.<\/li>\n
                                  2. Force majeure on the part of ConstructiefGoed includes in any case, but is not limited to: (i) force majeure of suppliers of ConstructiefGoed, (ii) failure by suppliers prescribed or recommended to ConstructiefGoed by the Client or the Client\u2019s third parties to properly fulfil their obligations, (iii) defects in software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data networks and\/or telecommunication facilities, (vi) illness of employees of ConstructiefGoed or advisers engaged by it, and (vii) other situations which, in the opinion of ConstructiefGoed, are beyond its control and temporarily or permanently prevent fulfilment of its obligations.<\/li>\n
                                  3. In the event of force majeure, both parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement shall in that case be paid by the Client. ConstructiefGoed is not obliged to compensate the Client for any losses caused by such termination.<\/li>\n<\/ol>\n<\/section>\n
                                    \n

                                    Article 18 – Confidentiality<\/h2>\n
                                      \n
                                    1. ConstructiefGoed and the Client undertake to keep all confidential information obtained in the context of an assignment confidential. Confidentiality follows from the assignment and must also be assumed if one can reasonably expect the information to be confidential. Confidentiality does not apply if the relevant information is already public or generally known, the information is not confidential, and\/or the information was not made known by the Client to ConstructiefGoed during the Agreement and\/or was otherwise obtained by ConstructiefGoed.<\/li>\n
                                    2. Confidentiality particularly relates to advice, reports, calculations, methods, and\/or records prepared by ConstructiefGoed regarding the Client\u2019s assignment. The Client is expressly prohibited from sharing the contents thereof with employees who are not authorised to take note of them and with unauthorised third parties. ConstructiefGoed shall also always exercise the required care in handling all business-sensitive information provided by the Client.<\/li>\n
                                    3. If ConstructiefGoed is obliged by law or court order to provide confidential information to a third party designated by law or a competent court and ConstructiefGoed cannot invoke a right of non-disclosure, ConstructiefGoed shall not be obliged to pay any compensation and the Client shall have no grounds to dissolve the Agreement.<\/li>\n
                                    4. The transfer or dissemination of information to third parties and\/or publication of statements, advice, or productions provided by ConstructiefGoed to third parties requires the written consent of ConstructiefGoed, unless such consent has been expressly agreed in advance. The Client shall indemnify ConstructiefGoed against all claims by such third parties resulting from reliance on such information that was disseminated without the written consent of ConstructiefGoed.<\/li>\n
                                    5. ConstructiefGoed and the Client shall also impose the confidentiality obligation on any third parties they engage.<\/li>\n<\/ol>\n<\/section>\n
                                      \n

                                      Article 19 – Intellectual Property Rights<\/h2>\n
                                        \n
                                      1. All intellectual property rights and copyrights of ConstructiefGoed, including but not limited to all calculations, drawings, models, reports, and advice, are vested exclusively in ConstructiefGoed and are not transferred to the Client unless expressly agreed otherwise.<\/li>\n
                                      2. If it has been agreed that one or more of the aforementioned items and\/or works of ConstructiefGoed will be transferred to the Client, ConstructiefGoed is entitled to conclude a separate Agreement for this and to demand appropriate financial compensation from the Client. Such compensation must be paid by the Client before the Client obtains the relevant items and\/or works and the intellectual property rights vested therein.<\/li>\n
                                      3. The Client is prohibited from disclosing and\/or reproducing, modifying, or making available to third parties (including for commercial purposes) any documents and software on which the intellectual property rights and copyrights of ConstructiefGoed rest without the express prior written consent of ConstructiefGoed. If the Client wishes to make changes to items delivered by ConstructiefGoed, ConstructiefGoed must explicitly approve the intended changes.<\/li>\n
                                      4. The Client is prohibited from using the items and documents on which ConstructiefGoed\u2019s intellectual property rights rest in any manner other than agreed in the Agreement.<\/li>\n
                                      5. The parties shall inform each other and jointly take measures if any infringement of intellectual property rights occurs.<\/li>\n
                                      6. The Client grants ConstructiefGoed permission to take photographs of the delivered work and\/or to place photographs made by the Client of the delivered work on its website and\/or social media channels for advertising and promotional purposes. ConstructiefGoed also has the right to retain the photographs for as long as it deems necessary.<\/li>\n<\/ol>\n<\/section>\n
                                        \n

                                        Article 20 – Indemnity and Accuracy of Information<\/h2>\n
                                          \n
                                        1. The Client is responsible for the accuracy, reliability, and completeness of all data, information, documents, and\/or records in whatever form that it provides to ConstructiefGoed in the context of an Agreement, as well as for data obtained from third parties and provided to ConstructiefGoed for the performance of the Service.<\/li>\n
                                        2. The Client indemnifies ConstructiefGoed against any liability arising from failure or delay in fulfilling the obligations relating to the timely provision of all accurate, reliable, and complete data, information, documents, and\/or records.<\/li>\n
                                        3. The Client indemnifies ConstructiefGoed against all claims by the Client and any third parties engaged by or working under the Client, as well as the Client\u2019s customers, based on the failure to obtain any subsidies and\/or permissions required in connection with the performance of the Agreement, or failure to obtain them in time.<\/li>\n
                                        4. The Client indemnifies ConstructiefGoed against all claims by third parties arising from the work performed for the benefit of the Client, including but not limited to intellectual property rights on the data and information provided by the Client that may be used in performing the Agreement and\/or the acts or omissions of the Client towards third party\/parties.<\/li>\n
                                        5. If the Client provides electronic files, software, or information carriers to ConstructiefGoed, the Client guarantees that they are free from viruses and defects.<\/li>\n<\/ol>\n<\/section>\n
                                          \n

                                          Article 21 – Complaints<\/h2>\n
                                            \n
                                          1. If the Client is dissatisfied with the service of ConstructiefGoed or otherwise has complaints about the performance of the assignment, the Client is obliged to report these complaints as soon as possible, but no later than within 7 calendar days after the event giving rise to the complaint. Complaints may be reported verbally or in writing with the subject line \u201cComplaint\u201d.<\/li>\n
                                          2. The complaint must be sufficiently substantiated and\/or explained by the Client for ConstructiefGoed to process it.<\/li>\n
                                          3. ConstructiefGoed shall respond substantively to the complaint as soon as possible, but no later than within 21 calendar days after receipt of the complaint.<\/li>\n
                                          4. The parties shall attempt to reach a joint solution.<\/li>\n<\/ol>\n<\/section>\n
                                            \n

                                            Article 22 – Applicable Law<\/h2>\n
                                              \n
                                            1. The legal relationship between ConstructiefGoed and the Client is governed by Dutch law.<\/li>\n
                                            2. ConstructiefGoed has the right to amend these general terms and conditions and shall notify the Client thereof.<\/li>\n
                                            3. In the event of translations of these general terms and conditions, the Dutch version shall prevail.<\/li>\n
                                            4. All disputes arising from or as a result of the Agreement between ConstructiefGoed and the Client shall be settled by the competent court of North Holland, unless mandatory law designates another competent court.<\/li>\n<\/ol>\n<\/section>\n
                                              Velsen-Noord, 18 December 2023<\/div><\/div>\n