Terms & Conditions | Grounded Consultancy G.P.

These general terms and conditions apply to all offers, assignments, and agreements between Grounded Consultancy V.O.F. (in English G.P.)(hereinafter: “Grounded Consultancy”) and its client, unless explicitly agreed otherwise in writing.
The client’s general (purchasing) terms and conditions do not apply and are expressly rejected.

All offers and quotations made by Grounded Consultancy are without obligation, unless explicitly stated otherwise in writing.
An agreement is established only after Grounded Consultancy has confirmed the assignment in writing or has commenced its execution.
Any changes to the assignment are valid only after written confirmation by Grounded Consultancy.

Grounded Consultancy will carry out its work with due care, professionalism, and expertise, based on the information and cooperation provided by the client.
The services of Grounded Consultancy constitute a best-efforts obligation; no specific or quantifiable result is guaranteed.
Grounded Consultancy is not liable for failure to achieve desired outcomes such as revenue or profit growth, market share, or other commercial goals.
The client is responsible for providing all relevant information on time, completely, and accurately. Grounded Consultancy may rely on its correctness.

Any timeframes provided for the execution of work are indicative and non-binding.
Exceeding such timeframes does not entitle the client to compensation or termination of the agreement.

All amounts are exclusive of VAT and other government levies.
Payment must be made within 14 days from the invoice date, unless agreed otherwise in writing.
If payment is not made, the client will be in default without further notice and will owe statutory commercial interest, plus extrajudicial collection costs in accordance with the Dutch Collection Costs Act (Wet Incassokosten).
Grounded Consultancy reserves the right to suspend its services immediately if invoices remain unpaid, without being liable for any resulting damages.

Cancellations must be made in writing.
If cancellation occurs less than 14 days before the start of the work, the client owes 50% of the agreed fee.
If cancellation occurs less than 7 days before commencement, the full fee is due.
In case of early termination by the client, the client must pay for work already performed, incurred costs, and any lost income due to released capacity.
Grounded Consultancy may terminate the agreement with immediate effect if the client fails to meet obligations or is declared bankrupt.

Grounded Consultancy is only liable for direct damage resulting from an attributable shortcoming in performance.
Liability is limited to the invoice value of the relevant assignment, up to a maximum of €10,000.
If the insurer makes a payment, liability is limited to the amount paid out by the insurer, plus the deductible.
Grounded Consultancy is not liable for indirect damage, including consequential loss, loss of profit, revenue loss, reputational damage, or third-party claims.
Grounded Consultancy is not liable for damage arising from work by third parties engaged by it, unless due to intent or gross negligence.
All claims expire 12 months after the date on which the client became (or should have become) aware of the damage.

Grounded Consultancy V.O.F. operates as an independent contractor, not as an employee.
No employment relationship exists between the parties.
The client does not exercise authority over Grounded Consultancy; Grounded Consultancy determines independently how work is carried out.
The client is responsible for its own tax assessment under the Dutch DBA Act (Wet DBA) and indemnifies Grounded Consultancy against any related claims.

Both parties must maintain confidentiality regarding all confidential information obtained during the agreement.
Information is considered confidential if identified as such or if this follows from its nature.

All intellectual property rights to materials, analyses, methodologies, and reports developed by Grounded Consultancy remain its exclusive property.
The client only obtains a non-exclusive, non-transferable right to use these materials internally.
Without written consent, it is not permitted to reproduce, publish, or share these materials with third parties.
If new methodologies or concepts are developed collaboratively, intellectual property rights remain with Grounded Consultancy, unless agreed otherwise in writing.

Grounded Consultancy is not obliged to fulfill obligations prevented by circumstances beyond its control.
Force majeure includes (among others): internet or network failures, cyber incidents, illness, changes in laws or regulations, natural disasters, war, pandemics, or similar events.

Grounded Consultancy V.O.F., located in Katwijk aan den Rijn (The Netherlands), is responsible for processing personal data.
We process only the data necessary for our services (e.g., name, position, contact details, company name, billing and payment information).
Data are processed for contractual performance, invoicing, client management, and legal compliance.
Personal data are not retained longer than necessary or legally required (max. 7 years).
Data are shared only when necessary (e.g., accountant, hosting provider) under data processing agreements.
We apply technical and organizational safeguards to prevent misuse or unauthorized access.
Data are not processed outside the European Economic Area (EEA) unless adequate safeguards are in place.
Requests for access, correction or deletion can be sent to info@groundedconsultancy.com and will be handled within 30 days.
Complaints can be submitted to the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl).

These terms and conditions are filed with the Dutch Chamber of Commerce (KvK) in The Hague.

If any provision is found to be null or void, the remaining provisions remain fully in force.

The parties will replace such provision with one that best reflects the intent and purpose of the original.