General Terms and Conditions
Definitions:
• Bijvanck Business Optimizer, a division of RVDS Consultancy (hereinafter referred to as "BVK-BO"): the company that provides consulting services and, if applicable, products.
• Client: the natural person or legal entity that utilizes the services or products of BVK-BO.
• Agreement: any arrangement between BVK-BO and the Client for the provision of services or products by BVK-BO to the Client.
• Services: all advisory activities and related services, in any form, that BVK-BO performs for or on behalf of the Client. This includes work carried out by BVK-BO as well as any work facilitated by BVK-BO and performed by carefully selected external parties.
• Products: all physical and digital goods that are the subject of an agreement between BVK-BO and the Client.
• Parties: BVK-BO and the Client together.
1. This Agreement is governed by Dutch law. Disputes between the Parties will initially be resolved through mediation. If mediation fails, the Dutch court shall have jurisdiction.
2. Changes to these General Terms and Conditions are only valid if explicitly agreed upon in writing by the Parties.
3. If any part of these terms and conditions is invalid, the remaining terms will remain in effect. We will replace invalid provisions with valid ones that closely align with the original intent.
4. You can always request the most recent version of our General Terms and Conditions from us, view them on our website, or check them with the Chamber of Commerce.
5. We keep all personal information we receive from you confidential, in accordance with our privacy policy.
6. BVK-BO is entitled to transfer these General Terms and Conditions and the rights and obligations from the Agreement to third parties, provided that the consumer is clearly informed about this and it does not adversely affect the guarantees and rights you have as a consumer under the Agreement. Your consent is required if such a transfer would in any way limit your rights or increase your obligations.
7. These General Terms and Conditions apply to all Agreements entered into between the Client and BVK-BO, including any additional or follow-up assignments directly related to the original Agreement, unless otherwise agreed in writing. BVK-BO will clearly and timely inform the Client about the applicability of these terms with each new Agreement.
8. The applicability of any other general terms and conditions, including those of the Client or third parties, is expressly excluded, unless these have been explicitly and in writing accepted by BVK-BO in advance. This ensures that there is no confusion regarding which terms apply to your Agreement with us.
9. BVK-BO has provided these General Terms and Conditions to the Client before or at the time of entering into the Agreement, or referred to them in a way that allows the Client to access them.
10. By entering into an Agreement with BVK-BO, the Client agrees to these General Terms and Conditions and the sanctions contained therein.
11. A contract can only be entered into by an authorized person on behalf of the Client.
12. A contract is considered validly accepted by BVK-BO after written or electronic acceptance by BVK-BO. After our acceptance, you as the Client have the right to withdraw from the contract within the statutory reflection period, in accordance with applicable consumer protection laws. Outside this period, you are bound by the terms of the contract.
13. In accordance with consumer legislation, the right of withdrawal may not apply to certain services or products, such as custom-made products or services that have been performed with the Client's consent.
14. The Client has the right to withdraw from the contract within the statutory reflection period. This right does not apply to services that have already been fully performed with the Client's consent. Cancellations may incur cancellation costs of 10% of the total amount, or at least €450, depending on the status of the execution.
15. All delivered products remain the property of BVK-BO until full payment is received. BVK-BO reserves the right to terminate the contract in the event of substantial default by the Client, with the right to reclaim products or revoke access to digital products.
16. Advisory services and products are considered delivered once they have been transferred to or made available to the Client. Minor adjustments do not affect the delivery status.
17. The Client is required to adhere to the payment conditions as agreed and specified in the quote, order confirmation, and/or invoice provided by BVK-BO. BVK-BO always communicates conditions clearly and in accordance with applicable consumer protection legislation.
18. If payments are not made to BVK-BO within the specified period, BVK-BO is entitled to increase the amount due with the legally permitted interest, calculated per day of delay from the due date.
All judicial and extrajudicial costs that are necessary, reasonable, and in accordance with legal norms for collecting the amount due, including interest, will be charged to the Client, in addition to the amount due.
19. The issuance of a verbal or written quote or offer does not obligate BVK-BO to enter into a contract with the Client. All quotes and offers are non-binding and can only be accepted without modifications and are valid for one month, unless otherwise agreed in writing.
20. Prices are determined by BVK-BO and are specified in the quote, order confirmation, and/or invoice. Prices are only valid for services described in the quote and/or order confirmation. All prices are exclusive of VAT and other government-imposed charges and/or levies.
21. The Client is responsible for providing all relevant information and documents necessary for the execution of the advisory services provided by BVK-BO in a timely and accurate manner. This includes, but is not limited to, information about business processes, strategies, and other business-related data.
22. The Client guarantees that all provided information is accurate and complete. Any consequences of providing incorrect or incomplete information, such as delays or additional costs, will be borne by the Client.
23. If additional costs arise due to the provision of incorrect or incomplete information, these costs, following notification by BVK-BO, will be charged to the Client.
24. The Client will ensure that relevant employees and contacts are available for consultation and collaboration with BVK-BO during the execution of the services.
25. The Client grants BVK-BO access to all necessary systems, documents, and data required to perform the agreed services, provided this is within the limits of privacy legislation.
26. The Client will take all reasonable measures to prevent delays in the execution of BVK-BO's services caused by internal factors such as lack of cooperation or unavailability of necessary information.
27. All Products provided by BVK-BO, both physical and digital, and intellectual property, such as reports, analyses, and advice, remain the property of BVK-BO until full payment of all amounts owed by the Client under the concluded Agreement(s) has been received.
28. The retention of title also includes any claims arising from any default in the performance of the Agreement(s) by the Client, including but not limited to any damages, interest, and collection costs.
29. As long as the retention of title is in effect, the Client is not permitted to reproduce, disclose, resell, or otherwise use the delivered Products without prior written consent from BVK-BO.
30. Until the transfer of ownership has occurred, the Client must consider all delivered Products as the property of BVK-BO and ensure that they are not provided to third parties without BVK-BO's written consent.
31. The Client may not rent, pledge, sell, copy, or otherwise distribute the Products to third parties without prior written consent from BVK-BO.
32. BVK-BO reserves the right to immediately stop or revoke access to or use of delivered Products or to reclaim these products if the Client fails to fulfill any obligation under the Agreement.
33. BVK-BO will inform the Client in advance of the intention to reclaim digital products, unless immediate action is necessary to protect BVK-BO's legitimate interests.
34. BVK-BO guarantees the quality of the provided advisory services. In the event of a valid complaint regarding the quality of the services, BVK-BO will, at its discretion, revise the delivered advice or provide additional services free of charge to remedy the deficiency.
35. This guarantee does not apply to situations where the deficiency is caused by incorrect information provided by the Client, changes in circumstances beyond BVK-BO's control, or other external factors over which BVK-BO has no influence.
36. All digital products, such as reports and analyses, are delivered by BVK-BO via a secure digital channel, unless otherwise agreed in writing. The Client is responsible for the correct and timely receipt of the digital products. Any issues with receipt must be reported to BVK-BO promptly.
37. BVK-BO aims to deliver all advisory services within the deadlines agreed upon in the Agreement. A delay in delivery does not automatically constitute a breach by BVK-BO.
38. If deadlines are repeatedly exceeded, the Client may formally notify BVK-BO in writing, specifying a final reasonable deadline for delivery. If BVK-BO fails to deliver within this final deadline, the Client has the right to cancel the Agreement free of charge.
39. BVK-BO is not liable for non-fulfillment of obligations under the Agreement caused by force majeure situations. Force majeure includes situations such as, but not limited to, natural disasters, wars, terrorism, government measures, strikes, disruptions in energy or telecommunications networks, and other unforeseen circumstances beyond BVK-BO's reasonable control that prevent the execution of the Agreement.
40. In the event of force majeure, BVK-BO may suspend the execution of the Agreement until the situation is resolved. BVK-BO will inform the Client as soon as possible about the force majeure situation and the expected duration of the suspension.
41. The Client agrees that the packaging of the delivered physical products may be left at the delivery location unless otherwise agreed in writing.
42. The Client must report any complaints about physical or digital products without unreasonable delay and no later than 14 days after discovering the defect, in writing to BVK-BO. Complaints can be submitted via email or through the online contact form.
43. If the Client does not report the defect within this period, they lose all rights related to the defect unless otherwise prescribed by law.
44. For valid complaints, BVK-BO will repair or replace products. BVK-BO provides a quality guarantee on services. For deficiencies, BVK-BO will offer repair or replacement at its discretion.
45. BVK-BO is not liable for the consequences of decisions made based on its advice, unless otherwise determined by law.
46. BVK-BO commits to treating all confidential information obtained from the Client in connection with the Agreement as strictly confidential and will not disclose this information to third parties without prior written consent from the Client, unless required by law.
47. BVK-BO will process the Client’s personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR).
48. The Client is responsible for providing correct and complete information necessary for BVK-BO to perform its services, including personal data. BVK-BO cannot be held liable for damages resulting from the provision of incorrect or incomplete information by the Client.
49. All intellectual property rights related to the services and products provided by BVK-BO, including reports, analyses, and advice, remain the property of BVK-BO, unless otherwise agreed in writing.
50. The Client obtains a non-exclusive, non-transferable right to use the products and services provided by BVK-BO solely internally and for their own use, provided all payment obligations have been met.
51. The Client may not disclose, distribute, or otherwise make the products and services provided by BVK-BO, including their contents, available to third parties without the express written consent of BVK-BO.
52. BVK-BO is committed to strict confidentiality to protect the integrity and confidentiality of its business information, including business strategy, products, customer base, relationships, and partnerships. This information is crucial for maintaining our competitive position and innovative capacity. Without prior explicit written consent from BVK-BO, this information may not be disclosed to third parties to ensure the exclusivity and confidentiality of our business-critical information.
53. All materials and documentation resulting from offers, quotations, designs, images, drawings, and the like, as well as all associated industrial and intellectual property rights (including copyrights, patents, etc.) and know-how remain the express property of BVK-BO. This applies even if the Client has paid costs for their creation. Without prior written consent from BVK-BO, the Client is not permitted to copy, provide to third parties, or disclose these materials or their contents. This measure is intended to protect BVK-BO’s exclusive knowledge and innovative developments from unauthorized use or dissemination.
54. In the event of a breach by the Client of the provisions in Article 52 (Confidentiality) and/or Article 53 (Intellectual Property), the Client shall owe BVK-BO an immediately payable penalty of €5,000 (five thousand euros) per violation, plus €500 (five hundred euros) for each day the violation continues, without the need for a formal notice of default.
55. Payment of this penalty does not affect BVK-BO's right to full compensation if the actual damage exceeds the amount of the penalty.
56. The determination of a breach and its duration will be based on evidence collected by BVK-BO, which will be binding unless the Client provides counter-evidence that disproves the breach.
Privacy Policy
Your privacy is of great importance to us. In this privacy policy, we explain how we collect, use, protect, and share your personal data when you visit our website and use our services.
Who Are We?
Bijvanck Business Optimizer
Mailing address: Stobbe 17, 1261 PM BLARICUM, The Netherlands
KvK: 94564272
VAT no.: NL005093444B16
IBAN: NL12 KNAB 0775 7723 21
What data do we collect?
We collect personal data that you voluntarily provide to us, such as your name, company name, email address, phone number, and any other information you enter on contact forms or while signing up for our services. Additionally, we collect automatically generated information about your browsing behavior during your use of our website, through cookies and similar technologies.
How do we use your data?
We use your personal data for various purposes:
To provide you with our services, to communicate with you about your requests or our services, for internal analyses that help us improve our website and services, and to comply with legal obligations.
Sharing Data with Third Parties
We do not sell your data to third parties and only share it when necessary to provide our services or to comply with legal obligations. We enter into data processing agreements with all third parties that process your data on our behalf to ensure the same level of security and confidentiality for your information.
How do we protect your data?
We take appropriate technical and organizational measures to protect your personal data against unlawful processing and/or loss. Employees who have access to your data are bound by confidentiality.
Your Rights
You have the right to access, correct, or delete your personal data. You can also object to the processing of your data by us and have the right to data portability. If you want to exercise these rights or have questions about how we handle your data, please contact us using the contact details provided above.
Cookies
Our website uses cookies. For more information about the cookies we use, please refer to our Cookie Policy. We keep all personal information we receive from you confidential, in accordance with our privacy policy.
Changes to This Privacy Statement
We reserve the right to update this privacy statement. Changes will be published on our website. We recommend that you review this statement regularly to stay informed of any updates.
