Terms & conditions
General Terms and Conditions of DPO Consultancy, Established in ‘s-Hertogenbosch
Article 1 DPO Consultancy B.V.
DPO Consultancy B.V. (“DPOC”) is a private limited liability company incorporated under Dutch law, which is involved in the implementation of the GDPR/AVG and the provision of products/services to enable organizations to operate compliant within the framework of these regulations. The company has its registered office in ‘s-Hertogenbosch.
Article 2 Application of general conditions
1. These general terms and conditions apply to all assignments given to DPOC, including any follow-up, amended or additional assignment.
2. These general terms and conditions apply not only to DPOC, but also to the management of DPOC, its employees, as well as to all other (auxiliary) persons involved in the execution of the assignment and/or on whom any liability could be assumed in connection therewith.
Article 3 Liability
1. Any liability of DPOC is limited to the amount paid by its liability insurer in the case in question. Liability is in all cases limited to direct damage. Liability for indirect damage is excluded under all circumstances. Indirect damage includes consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business stagnation, damage as a result of claims by third parties against the client, as well as damage as a result of levies or fines imposed by third parties, all in the broadest sense of the word.
2. If for any reason whatsoever no payment is made by the insurer mentioned in the aforementioned paragraph, any liability shall be limited to an amount of € 5,000, – or, if the total fee charged by DPOC to the client in the year preceding the claim for liability is higher than € 5,000, up to that amount, however with a maximum of € 10,000, -.
3. The exclusions and limitations set out in the previous paragraphs shall cease to apply if and insofar as the damage is the result of intent or willful recklessness on the part of DPOC’s management.
4. A claim to compensation for damage shall in any event lapse if DPOC has not been informed of the claim in writing within one year after the discovery of an event or circumstance giving rise to or potentially giving rise to liability.
5. DPOC is not obliged to pay compensations for any damage as long as the client is in default of fulfilling any obligation towards DPOC.
Article 4 Honorary fee/payment term/advance/cost
1. Unless otherwise agreed, the fee will be calculated on the basis of the number of hours worked multiplied by the hourly rate to be determined by DPOC. All amounts are exclusive of VAT.
2. The work will in principle be charged tot he client on a monthly basis, with a payment term of 14 days counting from the date of the invoice.
3. DPOC is authorized to require prior payment of an advance in connection with the work to be carried out.
4. The expenses paid by DPOC on behalf of the client will be charged separately.
5. There is a term of indefinite duration in the case of the DPO-as-a-Service and in the event of any subscription. The contract may be terminated in this case, taking into account a term of notice of 4 months.
6. DPO Consultancy has the right to index its tariffs annually. An annual indexation of the rates with a percentage equal to the arithmetic mean of the CBS-index is made.
Article 5 Miscellaneous
1. DPOC carries out assignments exclusively for the benefit of the client. Third parties cannot derive any rights from an assignment, from the content of the work performed and from the manner in which the assignment has been carried out or not. Clients are not permitted, other than with the express prior and written permission of DPOC, to transfer the rights from an order under any title whatsoever to third parties.
2. The agreements concluded between DPOC and its client, and any further agreements entered into to implement these agreements, shall be governed exclusively by Dutch law.
3. Any disputes arising between the client and DPOC will be submitted to the competent court of the Oost-Brabant district court for settlement.