{"id":6400,"date":"2026-01-22T12:36:20","date_gmt":"2026-01-22T12:36:20","guid":{"rendered":"https:\/\/onfold.nl\/?page_id=6400"},"modified":"2026-07-28T15:44:02","modified_gmt":"2026-07-28T15:44:02","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/onfold.nl\/de\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"
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General Terms and Conditions Onfold B.V.<\/strong><\/h3>\n

Version:<\/strong> 28 July 2026<\/p>\n

Legal entity:<\/strong> Onfold B.V.<\/p>\n

Registered address:<\/strong> Ramplaan 71, 2015 GT Haarlem, The Netherlands<\/p>\n

Chamber of Commerce number:<\/strong> 97462527<\/p>\n

VAT number:<\/strong> NL868062078B01<\/p>\n

E-mail:<\/strong> hello@onfold.nl<\/a><\/p>\n

 <\/h5>\n
1. General provisions<\/strong><\/h5>\n

1.1 Applicability<\/strong><\/p>\n

These general terms and conditions apply to all offers, quotations, legal relationships and agreements pursuant to which Onfold B.V., having its statutory seat in Haarlem and registered with the Dutch Chamber of Commerce under number 97462527, hereinafter referred to as the \u201cContractor\u201d, provides services, consultancy, software development or other IT-related activities to a counterparty acting in the course of its business or professional practice, hereinafter referred to as the \u201cClient\u201d.<\/p>\n

Deviations from or additions to these general terms and conditions shall only be valid if expressly agreed in writing between the parties.<\/p>\n

The applicability of any general (purchase) conditions or other standard terms of the Client is hereby expressly rejected, even if such terms are provided after the conclusion of the agreement.<\/p>\n

1.2 Definitions<\/strong><\/p>\n

In these general terms and conditions, the following definitions apply:<\/p>\n

Contractor:<\/strong> Onfold B.V.<\/p>\n

Client:<\/strong> the natural person or legal entity entering into an agreement with the Contractor.<\/p>\n

Agreement:<\/strong> any written agreement concluded between the parties, including appendices, offers and subsequent agreements.<\/p>\n

Services:<\/strong> all activities performed by the Contractor of whatever nature, including but not limited to consultancy, advisory services, software development, architecture, integration, implementation, maintenance, support and management.<\/p>\n

Materials:<\/strong> all works and results developed or made available by the Contractor in the context of the Agreement, including software (source code and object code), documentation, designs, analyses, reports, diagrams, models and other deliverables.<\/p>\n

Nexus Platform:<\/b> the proprietary software platform, architecture, methodologies and underlying technology developed, maintained and continuously evolved by the Contractor for creating, managing and operating organizational intelligence, personal intelligence and related software capabilities.<\/p>\n

Company Brain:<\/b> the organization-specific intelligence environment within the Nexus Platform, consisting of the Client\u2019s business information, organizational knowledge, business rules, governance, configurations, processes, workflows, data and other organization-specific intelligence.<\/p>\n

Personal AI Twin:<\/b> the personal intelligence environment associated with an individual user within the Nexus Platform, containing personal knowledge, experience, preferences, communication style, personal automations and other personal intelligence.<\/p>\n

Shared Intelligence:<\/b> intelligence created through the interaction between one or more Personal AI Twins, the Company Brain and the Services provided under the Agreement.<\/p>\n

Client Deliverables:<\/b> all client-specific software, custom developments, automations, integrations, configurations, documentation and other deliverables explicitly developed by the Contractor for the Client under the Agreement and intended for the Client\u2019s exclusive business operations.<\/p>\n

Intelligence:<\/b> all structured and unstructured knowledge, data, reasoning, models, workflows, automations, configurations, rules, documentation and other information processed, generated or maintained within the scope of the Agreement.<\/p>\n

1.3 Amendments and severability<\/strong><\/p>\n

The Contractor is entitled to amend these general terms and conditions unilaterally. Amended terms and conditions shall apply from the moment they are communicated to the Client in writing or electronically. If any provision of these general terms and conditions is null and void or annulled, the remaining provisions shall remain in full force and effect. The parties shall consult in order to agree on a replacement provision that most closely reflects the purpose and intent of the invalid provision.<\/p>\n

1.4 Order of precedence<\/strong><\/p>\n

In the event of a conflict between the provisions of the Agreement and these general terms and conditions, the provisions of the Agreement shall prevail, unless expressly agreed otherwise.<\/p>\n

1.5 Third-party products and services<\/strong><\/p>\n

If, in the performance of the Agreement, the Contractor makes use of or provides access to products or services of third parties, including but not limited to open-source software, cloud services, SaaS or platform services, the applicable licence and usage terms of such third parties shall apply. These third-party terms form an integral part of the Agreement and shall, where relevant, prevail over these general terms and conditions. The Contractor shall not be liable for any shortcomings of such third parties.<\/p>\n

 <\/h5>\n
2. Offers and agreements<\/strong><\/h5>\n

2.1 Offers<\/strong><\/p>\n

All offers, proposals and price indications issued by the Contractor are without obligation, unless expressly stated otherwise in writing. Offers are valid for thirty (30) days from the date of issue, unless indicated otherwise.<\/p>\n

2.2 Formation of the Agreement<\/strong><\/p>\n

An Agreement is concluded at the moment the Contractor has confirmed an offer in writing or has commenced the performance of the Services. Oral agreements, undertakings or statements shall only be binding if confirmed in writing by both parties.<\/p>\n

2.3 Budgets and estimates<\/strong><\/p>\n

Budgets, estimates or internal price indications provided by the Client shall never constitute a fixed-price agreement unless expressly agreed in writing. No rights may be derived from calculations or estimates.<\/p>\n

 <\/h5>\n
3. Prices and payment<\/strong><\/h5>\n

3.1 Prices<\/strong><\/p>\n

All prices are exclusive of value-added tax (VAT) and other government-imposed levies. Payments shall be made in euros.<\/p>\n

3.2 Payment<\/strong><\/p>\n

Invoicing shall take place monthly in arrears, unless agreed otherwise in writing. Invoices must be paid within fourteen (14) days of the invoice date. The Client is not entitled to suspend or set off its payment obligations.<\/p>\n

3.3 Additional work<\/strong><\/p>\n

Activities falling outside the agreed scope of the Agreement shall be considered additional work and shall be performed at the then applicable rates after the Client has provided written approval.<\/p>\n

3.4 Default and suspension<\/strong><\/p>\n

If the Client fails to make timely payment, it shall be in default by operation of law and statutory commercial interest shall be due. The Contractor is entitled to suspend its obligations under the Agreement until full payment has been received. Suspension does not release the Client from its payment obligations.<\/p>\n

3.5 Collection costs<\/strong><\/p>\n

All reasonable extrajudicial and judicial costs, including costs of legal assistance and external experts, incurred by the Contractor in collecting its claims shall be borne by the Client.<\/p>\n

3.6 Incorrect information<\/strong><\/p>\n

The Client guarantees the accuracy, completeness and timeliness of all information provided. The Contractor shall not be liable for any damage, delay or additional costs resulting from incorrect or incomplete information.<\/p>\n

3.7 Indexation<\/strong><\/p>\n

In the case of long-term agreements, the Contractor is entitled to annually index its rates in accordance with the Dutch Consumer Price Index (CPI) as published by Statistics Netherlands (CBS) or to pass on demonstrable cost increases of third parties.<\/p>\n

3.8 Nexus Platform pricing<\/strong><\/p>\n

Where the Agreement includes access to or use of the Nexus Platform, the applicable commercial model, licence fees, subscription fees, usage-based fees, implementation fees or other platform-related charges shall be specified in the applicable quotation, Statement of Work, Order Confirmation or other written agreement. Unless expressly agreed otherwise in writing, the Contractor reserves the right to introduce or amend commercial models for the Nexus Platform for future agreements.<\/p>\n

3.9 Early adopter arrangements<\/strong><\/p>\n

The Contractor may offer selected Clients participation in early adopter, pilot, innovation or preview programmes relating to the Nexus Platform. Any preferential pricing, discounts, feature availability, commercial arrangements or other benefits applicable to such programmes shall only apply where expressly stated in the applicable quotation, proposal, Statement of Work, Order Confirmation or other written agreement. Unless otherwise agreed in writing, participation in such programmes shall not create any ongoing entitlement to future pricing, functionality or commercial arrangements.<\/p>\n

 <\/h5>\n
4. Performance of the Services<\/strong><\/h5>\n

4.1 Best-efforts obligation<\/strong><\/p>\n

The Contractor shall perform the Services to the best of its knowledge and ability and with the care and expertise expected of a professional IT service provider. Unless expressly agreed otherwise in writing, the Contractor\u2019s obligations constitute obligations of best efforts and not obligations of result.<\/p>\n

4.2 Time schedules<\/strong><\/p>\n

Any time schedules or deadlines indicated by the Contractor are indicative and shall not constitute fatal deadlines. Exceeding such deadlines shall not constitute a breach, unless caused by intent or gross negligence on the part of the Contractor.<\/p>\n

4.3 Cooperation by the Client<\/strong><\/p>\n

The Client shall timely provide all information, materials and cooperation reasonably required for the performance of the Agreement. Failure to do so entitles the Contractor to suspend performance and adjust planning and costs accordingly.<\/p>\n

4.4 Inspection and acceptance<\/strong><\/p>\n

Where acceptance has been agreed, the deliverables shall be deemed accepted if the Client has not notified the Contractor in writing and with reasons of any defects within fifteen (15) business days after delivery. Defects of a minor nature that do not materially affect use shall not constitute grounds for refusal of acceptance.<\/p>\n

4.5 Engagement of third parties<\/strong><\/p>\n

The Contractor is entitled to engage third parties in the performance of the Agreement and shall remain responsible for the quality and progress of the Services.<\/p>\n

4.6 Changes (change control)<\/strong><\/p>\n

Changes to the scope, functionality, planning or activities shall only be implemented after written documentation of the change, including the consequences for planning and costs, and approval by the Client.<\/p>\n

4.7 Complaints<\/strong><\/p>\n

Complaints regarding the Services must be submitted to the Contractor in writing and with reasons within thirty (30) days after delivery, failing which the right to lodge such complaints shall lapse.<\/p>\n

4.8 Client-specific development<\/strong><\/p>\n

Unless expressly agreed otherwise in writing, Services performed specifically for the Client, including client-specific software, custom developments, automations, integrations, configurations and related deliverables, shall be developed for the Client\u2019s business operations. The ownership, licence rights and intellectual property relating to such deliverables shall be governed by Article 5 of these General Terms and Conditions and, where applicable, the Agreement.<\/p>\n

 <\/strong><\/h5>\n
5. Intellectual property<\/strong><\/h5>\n

5.1 Ownership<\/strong><\/p>\n

<\/strong><\/p>\n

All intellectual property rights relating to the Nexus Platform and the Materials shall exclusively vest in the Contractor, unless expressly agreed otherwise in writing. The foregoing shall not affect the ownership of the Client\u2019s Company Brain, Client Deliverables, data or other rights expressly granted under the Agreement.<\/p>\n

5.2 Nexus Platform<\/strong><\/p>\n

The Nexus Platform, including its architecture, technology, methodologies and all improvements and future developments, shall remain the exclusive intellectual property of the Contractor. The Contractor is entitled to continuously develop, improve and expand the Nexus Platform, provided that such changes do not materially reduce the agreed functionality.<\/p>\n

5.3 Client Deliverables<\/strong><\/p>\n

Unless expressly agreed otherwise in writing, Client Deliverables developed specifically and exclusively for the Client, including custom software, source code, automations, integrations, configurations and related documentation, shall become owned by the Client upon full payment. The Contractor retains the right to use its general knowledge, experience, methodologies and know-how, provided that no confidential information or Client-specific intellectual property is disclosed or reused.<\/p>\n

5.4 Company Brain<\/strong><\/p>\n

All organization-specific Intelligence, data, business knowledge, governance, business rules, workflows, configurations, processes and other information forming part of the Client\u2019s Company Brain shall remain exclusively owned and controlled by the Client.<\/p>\n

5.5 Personal AI Twin and Shared Intelligence<\/strong><\/p>\n

Personal AI Twins remain associated with the individual user. Shared Intelligence created through the interaction between Personal AI Twins, the Company Brain and the Services shall be governed by the Intelligence Rights Framework as agreed between the parties.<\/p>\n

5.6 Intelligence portability<\/b><\/span><\/p>\n

Unless otherwise agreed in writing, the default principle of the Nexus Platform is that professional knowledge and experience accumulated within an individual\u2019s own professional domain may accompany that individual upon termination of employment or engagement. <\/span>Prior to export, the Contractor may apply automated or AI-assisted abstraction techniques to remove confidential business information, customer-specific information, trade secrets and other proprietary organizational intelligence. Company-specific Intelligence shall remain part of the Company Brain unless the Client expressly approves otherwise.<\/p>\n

5.7 Platform development<\/strong><\/p>\n

The Contractor continuously develops the Nexus Platform. Generic improvements, reusable components, methodologies and platform capabilities developed during the performance of the Agreement shall become part of the Nexus Platform and remain the exclusive intellectual property of the Contractor. Unless expressly designated in writing as a Client Deliverable under the Agreement, all developments, enhancements, modifications, software, automations, integrations, configurations and other results created by the Contractor shall be deemed to form part of the Nexus Platform.<\/p>\n

5.8 Right of use<\/strong><\/p>\n

The Client is granted a non-exclusive, non-transferable and non-sublicensable right to use the Nexus Platform and the Materials for its internal business purposes in accordance with the Agreement.<\/p>\n

5.9 Continuity upon termination<\/strong><\/p>\n

Upon termination of the Agreement, the Client shall retain the right to continue using fully paid Client Deliverables for its internal business operations, subject to the agreed licence conditions. Termination shall not affect the Contractor\u2019s ownership of the Nexus Platform.<\/p>\n

5.10 Indemnification<\/strong><\/p>\n

The Contractor shall indemnify the Client against third-party claims relating to intellectual property infringement insofar as such claims relate to Materials developed by the Contractor, provided that the Client promptly informs the Contractor and provides reasonable cooperation.<\/p>\n

5.11 Notices<\/strong><\/p>\n

The removal or alteration of copyright notices, trademarks or other proprietary notices contained in the Nexus Platform or the Materials is not permitted.<\/p>\n

 <\/strong><\/h5>\n
6. Confidentiality<\/strong><\/h5>\n

Both parties shall observe strict confidentiality with respect to all confidential information obtained in connection with the Agreement. Confidential information includes all information which the receiving party knows or reasonably should know to be confidential, including but not limited to business information, software, source code, Company Brains, Personal AI Twins, Shared Intelligence, Materials, trade secrets and technical or commercial information.<\/p>\n

\n<\/p>

The Contractor shall treat all Company Brain information as confidential and shall not use, disclose or make such information available to third parties other than as necessary for the performance of the Agreement or where required by law.<\/p>\n

<\/p>\n

Unless expressly agreed otherwise in writing, the Contractor shall not use the Client\u2019s Company Brain or other confidential Client information for the development, training or improvement of generally available AI models or third-party AI services.<\/p>\n

<\/p>\n

The confidentiality obligation does not apply to information that is publicly available, lawfully obtained from third parties without confidentiality obligations, independently developed without use of confidential information, or required to be disclosed pursuant to applicable law or a binding court order.<\/p>\n

<\/p>\n

The confidentiality obligation shall survive termination of the Agreement.<\/p>\n

 <\/strong><\/h5>\n
7. Liability and indemnification<\/strong><\/h5>\n

7.1 Limitation of liability<\/strong><\/p>\n

The Contractor shall only be liable for direct damage resulting from an attributable failure in the performance of the Agreement, provided that such failure results from intent or gross negligence on the part of the Contractor. Direct damage shall exclusively mean the reasonable costs incurred to determine the cause and extent of the damage, the reasonable costs incurred to remedy the defective performance of the Contractor, and the reasonable costs incurred to prevent or limit direct damage. Liability for indirect or consequential damage, including but not limited to loss of profit, loss of revenue, business interruption, loss of data, loss of goodwill, missed savings or reputational damage, is expressly excluded. The Contractor shall not be liable for decisions, actions or omissions taken by the Client or third parties based on recommendations, analyses, automations, predictions or other outputs generated by the Services or the Nexus Platform. The Client remains responsible for reviewing and approving business-critical, legal, financial and operational decisions. The Contractor shall not be liable for shortcomings resulting from incorrect, incomplete or outdated information provided by the Client, nor for failures or interruptions of third-party products or services used in connection with the Agreement. The Contractor\u2019s total liability in any calendar year shall be limited to the lower of (i) the total amount invoiced to the Client under the Agreement during that calendar year, or (ii) the amount actually paid out under the Contractor\u2019s professional liability insurance in respect of the relevant claim, increased by the applicable deductible.<\/p>\n

7.2 Remedial action<\/strong><\/p>\n

In the event of a shortcoming, the Contractor shall first be given the opportunity to remedy such shortcoming within a reasonable period.<\/p>\n

7.3 Indemnification<\/strong><\/p>\n

The Client shall indemnify the Contractor against third-party claims arising from Materials, data or instructions supplied by the Client.<\/p>\n

7.4 Limitation period<\/strong><\/p>\n

All claims against the Contractor shall lapse twelve (12) months after the Client became aware or reasonably should have become aware of the damage.<\/p>\n

 <\/strong><\/h5>\n
8. Force majeure<\/strong><\/h5>\n

Force majeure means any circumstance beyond the Contractor\u2019s control that temporarily or permanently prevents performance of the Agreement, including but not limited to failures of third parties, network or cloud outages, government measures, strikes and pandemics.<\/p>\n

\n<\/p>

In the event of force majeure, the Contractor\u2019s obligations shall be suspended and deadlines extended for the duration of the force majeure. If force majeure lasts longer than thirty (30) days, either party is entitled to terminate the Agreement in writing without liability for damages.<\/p>\n

 <\/strong><\/h5>\n
9. Term and termination<\/strong><\/h5>\n

9.1 Term<\/b><\/p>\n

The Agreement is entered into for a fixed or indefinite term. Agreements for an indefinite term may be terminated by either party in writing with one (1) month\u2019s notice, unless otherwise agreed.<\/p>\n

9.2 Termination for breach<\/b><\/p>\n

If either party materially breaches its obligations under the Agreement, the other party may terminate the Agreement by written notice after the defaulting party has been given written notice of default and a reasonable period to remedy the breach has expired.<\/p>\n

9.3 Insolvency<\/b><\/p>\n

Either party may terminate the Agreement with immediate effect by written notice if the other party is declared bankrupt, files for or is granted suspension of payments, enters into liquidation, ceases its business activities or is otherwise unable to meet its financial obligations.<\/p>\n

9.4 Consequences of termination<\/b><\/p>\n

Termination of the Agreement shall not affect any rights or obligations which by their nature are intended to survive termination, including but not limited to payment obligations, confidentiality obligations and intellectual property rights.<\/p>\n

The Client shall retain its rights to fully paid Client Deliverables in accordance with Article 5.<\/p>\n

9.5 Company Brain and Personal AI Twins<\/b><\/p>\n

Upon termination of the Agreement, ownership and control of the Client\u2019s Company Brain and related Client data shall remain with the Client. Where applicable, Personal AI Twins shall remain associated with the individual users.<\/p>\n

Shared Intelligence shall be handled in accordance with the Intelligence Rights Framework agreed between the parties.<\/p>\n

9.6 Offboarding and transition<\/b><\/p>\n

Upon reasonable request, the Contractor shall provide reasonable cooperation in facilitating an orderly transition of the Services. Where applicable and technically feasible, the Contractor shall make available the Client\u2019s Company Brain, Client-owned data and other Client-owned information in a commonly used electronic format. Professional knowledge eligible for portability may be exported only after abstraction in accordance with Article 5. Company-specific Intelligence shall remain part of the Client\u2019s Company Brain unless otherwise agreed in writing.<\/p>\n

 <\/strong><\/h5>\n
10. Privacy and data protection<\/strong><\/h5>\n

To the extent that the Contractor processes personal data in the performance of the Agreement, such processing shall be carried out in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation.<\/p>\n

<\/p>\n

If the Contractor qualifies as a processor within the meaning of the GDPR, the parties shall enter into a separate data processing agreement pursuant to Article 28 GDPR.<\/p>\n

<\/p>\n

Where the Services include the Nexus Platform, Company Brains or Personal AI Twins, the Contractor shall process personal data solely for the purposes of performing the Agreement and in accordance with the documented instructions of the Client, where applicable.<\/p>\n

<\/p>\n

The Contractor shall implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction or damage.<\/p>\n


<\/p>\n

<\/p>\n

11. Governing law and disputes<\/strong><\/h5>\n

All Agreements and legal relationships between the Contractor and the Client shall be governed by Dutch law. <\/p>\n

\n<\/p>

The parties shall first use reasonable efforts to resolve any dispute amicably through consultation.<\/p>\n

\n<\/p>

If no amicable resolution can be reached, any dispute arising out of or in connection with the Agreement shall be submitted exclusively to the competent court of the District Court of North Holland, location Amsterdam.<\/p>\n


<\/p>\n

\n<\/p>

12. Final provisions<\/strong><\/h5>\n

These general terms and conditions, together with the Agreement, constitute the entire agreement between the parties. The Dutch version shall prevail in the event of interpretation differences.<\/p>


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General Terms and Conditions Onfold B.V. Version: 28 July 2026 Legal entity: Onfold B.V. Registered address: Ramplaan 71, 2015 GT Haarlem, The Netherlands Chamber of Commerce number: 97462527 VAT number: NL868062078B01 E-mail: hello@onfold.nl   1. General provisions 1.1 Applicability These general terms and conditions apply to…<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-6400","page","type-page","status-publish","hentry"],"yoast_head":"\nTerms and Conditions | Boutique IT Consultancy for B2B<\/title>\n<meta name=\"description\" content=\"CTOs often deal with messy, spaghetti-like systems with little documentation, where adding new features often breaks something else. We transform messy digital landscapes into solid foundations and unlock new business possibilities. 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