Version 2026.1 – 23 August 2026
INECO – Intranet & Network Consultancy
Mooieweg 184
6836 AL Arnhem
The Netherlands
Chamber of Commerce (KvK): 09093129
VAT ID: NL001860090B08
E-mail: info@ineco.nl
Hereinafter referred to as: “INECO”.
Important: This English version is a translation of the Dutch General Terms and Conditions of INECO. In the event of any discrepancy or inconsistency between the Dutch and English versions, the Dutch version shall prevail.
Article 1 – Definitions
In these General Terms and Conditions, the following terms shall have the meanings set out below:
INECO: the sole proprietorship INECO – Intranet & Network Consultancy, established in Arnhem, the Netherlands, registered with the Dutch Chamber of Commerce under number 09093129.
Client: the natural person or legal entity entering into an agreement with INECO or to whom INECO submits a quotation or offer.
Agreement: any agreement between INECO and the Client relating to the provision of Services.
Services: all activities performed by INECO under an Agreement, including software development, software maintenance, system and application management, consultancy, advice, support, implementation, migration, troubleshooting and project work.
Support Agreement: an agreement under which the Client is entitled, for a specified period, to the availability of INECO for support, advice, maintenance and/or incident handling, whether or not for a pre-agreed number of hours.
Additional Work: work falling outside the agreed assignment or scope.
In Writing: by letter, e-mail or any other electronic means that sufficiently records the content and transmission of the communication.
Parties: INECO and the Client jointly.
Article 2 – Applicability and Formation of Agreements
2.1. These General Terms and Conditions apply to all quotations, offers, Agreements and other legal relationships between INECO and the Client, unless expressly agreed otherwise in writing.
2.2. The applicability of the Client’s general terms and conditions is expressly rejected, unless INECO has expressly accepted them, in whole or in part, in writing.
2.3. Deviations from these General Terms and Conditions shall only be valid if agreed in writing. Any deviation shall apply only to the Agreement for which it was agreed.
2.4. If the provisions of an individual written Agreement differ from these General Terms and Conditions, the provisions of the individual Agreement shall prevail.
2.5. If INECO is engaged through a broker, staffing agency, principal contractor or other intermediary, the terms and conditions of that contracting party shall apply only if and to the extent expressly accepted by INECO.
2.6. The mere fact that a purchase order, assignment or agreement of the Client or an intermediary refers to general terms and conditions does not mean that INECO has automatically accepted them.
2.7. An Agreement is formed upon written acceptance of a quotation, written confirmation of the assignment by INECO, or when INECO, with the Client’s consent, commences performance of the assignment.
2.8. If any provision of these General Terms and Conditions is void or is annulled, the remaining provisions shall remain in full force and effect. The Parties shall consult on a replacement provision that, as far as possible, reflects the purpose and substance of the original provision.
Article 3 – Quotations and Assignments
3.1. Quotations issued by INECO are non-binding unless a validity period is stated in the quotation.
3.2. A quotation shall, where applicable, include a description of the Services, the applicable rate or agreed price and an indication of the expected effort and schedule.
3.3. Obvious errors, mistakes or typographical errors in a quotation shall not bind INECO.
3.4. An assignment is based on the information provided by the Client when placing the assignment. If this information proves to be incorrect or incomplete, INECO shall be entitled, in consultation with the Client, to adjust the performance, schedule and price of the assignment.
3.5. Changes, additions or reductions to an assignment may be discussed verbally but should preferably be confirmed in writing.
3.6. If, during the performance of an assignment, it becomes apparent that additional work is necessary for proper performance, INECO shall inform the Client thereof as soon as reasonably possible.
3.7. INECO shall be entitled to refuse assignments if, in its reasonable opinion, the work does not fall within its expertise, insurance coverage, available capacity or professional responsibility.
Article 4 – Performance of the Services
4.1. INECO shall perform the agreed Services to the best of its knowledge and ability and in accordance with generally accepted professional standards.
4.2. Unless expressly agreed otherwise in writing, INECO’s obligation is an obligation to use reasonable efforts and not an obligation to achieve a specific result.
4.3. Within the scope of the Agreement, INECO shall determine how the Services are performed.
4.4. The Client shall provide in a timely manner all information, data, access, accounts, authorisations and other cooperation reasonably required for the performance of the assignment.
4.5. If the Client fails to provide necessary information, access or cooperation in a timely manner, INECO shall be entitled to suspend performance and charge the Client for any resulting additional work and costs.
4.6. INECO may rely on the accuracy and completeness of information provided by the Client and on instructions from contact persons designated by the Client.
4.7. If INECO reasonably doubts the accuracy, completeness, authority or security of an instruction, INECO may suspend execution of that instruction until sufficient clarification has been obtained.
4.8. Access rights provided by the Client, including administrative or privileged access rights, shall be regarded as authorisation to perform the related activities within the scope of the assignment.
4.9. The Client remains responsible for its own IT environment, business processes, data, licences, security policies and business decisions, unless expressly agreed otherwise in writing.
4.10. INECO shall not be responsible for consequences resulting from changes, instructions or decisions made by the Client or third parties acting on behalf of the Client.
4.11. Unless otherwise agreed in writing, the Client remains responsible for making, checking and retaining adequate backups.
4.12. If INECO has specifically been engaged to perform backup or recovery activities, only the agreed scope of those activities shall apply.
4.13. INECO shall use reasonable efforts to prevent damage to systems and data, but cannot guarantee that complex IT environments will never experience failures, data loss or other unforeseen consequences.
Article 5 – Rates, Hours and Costs
5.1. Unless otherwise agreed in writing, Services shall be performed on the basis of the agreed hourly or daily rate.
5.2. All stated rates and prices are exclusive of VAT and any other applicable taxes or levies.
5.3. Services shall be recorded on the basis of the actual time spent, unless another billing method has been agreed in writing.
5.4. Time spent on consultation, preparation, analysis, documentation, reporting, communication, troubleshooting and other activities directly related to the assignment shall count as working time.
5.5. Travel and accommodation expenses, parking costs, travel time and other additional costs shall be charged separately if agreed in advance.
5.6. INECO shall be entitled to adjust its rates periodically. For ongoing assignments, any rate adjustment shall be announced in advance.
5.7. An estimate of hours provided in advance does not constitute a fixed price unless expressly agreed otherwise in writing.
Article 6 – Support Agreements
6.1. In addition to these General Terms and Conditions, Support Agreements are subject to the specific terms agreed in the relevant Support Agreement or quotation.
6.2. A Support Agreement may include support, incident handling, maintenance, advice, monitoring, management and availability of INECO.
6.3. An agreed number of hours per month entitles the Client to the agreed availability of INECO during that month but does not constitute a guarantee that INECO will be continuously available throughout the month.
6.4. Unless otherwise agreed in writing, unused hours shall not automatically be carried over to a subsequent month and shall not be refunded.
6.5. If it has been agreed in writing that hours may be carried over, in whole or in part, to a subsequent period, the specific terms and deadlines agreed for this purpose shall apply.
6.6. Work exceeding the agreed number of hours shall be performed at the agreed rate unless the Parties agree otherwise in advance.
6.7. A Support Agreement does not guarantee a specific resolution time unless an explicit service level agreement or other written arrangement has been agreed.
6.8. Response times are not resolution times. The time required to resolve an incident depends, among other things, on the nature and complexity of the incident, the availability of the Client and third parties, and the condition of the relevant systems.
6.9. INECO shall only perform work outside normal working hours if this has been agreed or if, in INECO’s reasonable opinion, an urgent situation makes this necessary. Any surcharges shall be agreed in advance or, if the urgency makes this impossible, charged afterwards on a reasonable basis.
6.10. A Support Agreement shall be entered into for the period agreed therein. If no term or notice period has been agreed, the Agreement may be terminated in writing with one month’s notice.
Article 7 – Fixed-Price Assignments and Additional Work
7.1. If a fixed price has been agreed in writing, that price applies only to the Services and results expressly described in the assignment.
7.2. Work outside the agreed scope shall be performed as Additional Work at the agreed hourly rate unless otherwise agreed in writing.
7.3. Additional Work includes, among other things, implementing additional or changed requirements, work resulting from incorrect or incomplete information provided by the Client, and work made necessary by changes to systems or software of third parties.
7.4. An agreed schedule for a fixed-price assignment is not a strict deadline unless expressly agreed otherwise in writing.
7.5. If the Client requests changes, INECO may adjust the schedule and price before performing the changed work.
7.6. If the Client terminates a fixed-price assignment prematurely, all work already performed and costs incurred shall remain payable.
Article 8 – Delivery, Defects and Complaints
8.1. If a specific result or delivery date has been agreed, INECO shall make the result available to the Client for review.
8.2. The Client shall review a result within a reasonable period and notify INECO in writing of any specific and reproducible defects or deviations.
8.3. Complaints shall be reported as soon as reasonably possible after discovery and preferably within fourteen days after discovery.
8.4. If a complaint is justified and relates to a failure attributable to INECO, INECO shall provide an appropriate remedy within a reasonable period.
8.5. A complaint shall in any event not be attributable to INECO if the problem results from changes made by the Client or third parties, changed circumstances, use outside the agreed application, third-party software or hardware, or other circumstances not attributable to INECO.
8.6. Filing a complaint does not suspend the Client’s payment obligation, except to the extent mandatory law provides otherwise.
Article 9 – Intellectual Property and Software
9.1. All intellectual property rights owned by INECO prior to the assignment shall remain with INECO.
9.2. This includes, among other things, existing software, source code, scripts, libraries, frameworks, templates, documentation, methods, techniques, concepts, knowledge and know-how.
9.3. Components developed during the performance of an assignment that have a general-purpose or reusable character shall also remain with INECO, provided that they do not contain confidential information belonging to the Client.
9.4. For software, documentation and other results specifically developed for the Client, the Client shall, upon full payment, obtain a non-exclusive, perpetual and worldwide right of use for its own business operations.
9.5. This right of use includes, insofar as necessary for the agreed use, the right to modify the relevant results and have them maintained by third parties.
9.6. Transfer of copyrights or other intellectual property rights shall only take place if expressly agreed in writing in advance.
9.7. Any transfer shall not automatically include rights to existing software, generic components, libraries, frameworks, tools, methods, know-how or third-party materials.
9.8. Open-source software and third-party software remain subject to the applicable licence terms.
9.9. INECO retains the right to use general knowledge, experience, ideas, techniques, programming concepts and non-confidential solutions developed during an assignment for other Clients as well.
Article 10 – Confidentiality and Information Security
10.1. The Parties shall treat information as confidential if they know or should reasonably understand that the information is confidential.
10.2. The confidentiality obligation does not apply to information that was publicly available, was lawfully obtained from a third party, was independently developed, or must be disclosed pursuant to a legal obligation.
10.3. INECO shall implement appropriate technical and organisational measures that may reasonably be expected of an independent IT service provider.
10.4. INECO shall use confidential information only insofar as necessary for the performance of the Agreement.
10.5. The confidentiality obligation shall survive termination of the Agreement.
Article 11 – Privacy and Personal Data
11.1. The Parties shall comply with applicable privacy and data protection legislation.
11.2. If INECO processes personal data on behalf of the Client as a processor, the Parties shall make the additional arrangements required for this purpose, such as entering into a data processing agreement.
11.3. The Client remains responsible for the lawfulness of the processing and for the instructions provided to INECO.
11.4. If INECO has access to personal data within a Client environment, such access in itself does not mean that INECO determines the purposes and means of processing.
11.5. If INECO becomes aware of a security incident that may reasonably be assumed to relate to the Client’s personal data, INECO shall inform the Client as soon as reasonably possible to the extent within its control and insofar as required under the arrangements between the Parties.
Article 12 – Liability
12.1. INECO shall only be liable for direct damage that is the direct result of a failure attributable to INECO or an unlawful act attributable to INECO.
12.2. INECO shall not be liable for indirect damage, consequential loss, business interruption, loss of turnover or profit, missed savings, reputational damage, loss of goodwill or damage resulting from loss of data, except where mandatory law provides otherwise.
12.3. INECO’s total liability arising from an event or a series of related events shall be limited to the amount paid by the Client to INECO for the relevant assignment during the twelve months preceding the event causing the damage, subject to a maximum of €500,000 per event or series of related events.
12.4. If the assignment has lasted for less than twelve months, the amount paid during the assignment shall be used for this calculation.
12.5. For a fixed-price assignment, the agreed price shall be used for this calculation.
12.6. If the relevant damage is covered under INECO’s professional or business liability insurance, liability shall be limited to the amount actually paid under the relevant insurance policy, increased by the applicable excess, unless applying this limitation would be unacceptable according to standards of reasonableness and fairness.
12.7. The limitations in this Article shall not apply insofar as liability resulting from wilful misconduct or deliberate recklessness by INECO cannot legally be excluded or limited.
12.8. INECO shall not be liable for damage resulting from:
- incorrect or incomplete information provided by the Client;
- instructions or decisions of the Client;
- changes made by the Client or third parties;
- software, hardware, cloud services or other third-party services;
- failures or security incidents involving third parties;
- the absence of adequate backups where INECO has not been engaged to manage backups;
- circumstances outside the agreed scope of work;
- use outside the recommended or agreed configuration;
- failure to follow advice or warnings provided by INECO.
12.9. The Client shall notify INECO in writing as soon as reasonably possible after discovering damage and shall give INECO a reasonable opportunity to investigate the damage and its cause.
12.10. The limitations set out in this Article shall also apply for the benefit of third parties engaged by INECO.
Article 13 – Payment
13.1. Invoices shall be paid within fourteen days of the invoice date unless otherwise agreed in writing.
13.2. In the event of late payment, the Client shall, to the extent permitted by law, be in default without further notice of default and statutory commercial interest shall be payable.
13.3. If only part of an invoice is disputed, the undisputed part shall remain payable.
13.4. Any dispute concerning an invoice must be substantiated.
13.5. Payments shall first be applied to interest and costs and subsequently to the oldest outstanding invoices.
13.6. INECO may suspend the Services if the Client fails to pay on time.
13.7. If there is reasonable doubt regarding the Client’s ability to pay, INECO may require advance payment or adequate security.
Article 14 – Collection Costs
14.1. If the Client is in default, reasonable extrajudicial collection costs shall be borne by the Client to the extent permitted by law.
14.2. If INECO must engage legal or other professional assistance to collect outstanding amounts, the reasonably incurred costs thereof shall be borne by the Client to the extent permitted by law.
Article 15 – Suspension and Termination
15.1. INECO may suspend performance if the Client fails to fulfil its obligations, fails to do so on time, or fails to fulfil them in full.
15.2. INECO may terminate the Agreement if the Client, after being given a reasonable period to remedy the breach, continues to materially fail to fulfil its obligations.
15.3. INECO may terminate the Agreement in the event of bankruptcy, suspension of payments, termination of the Client’s business or cessation of its business activities, to the extent permitted by law.
15.4. Upon termination, payment obligations relating to work already performed and costs incurred shall remain in force.
15.5. Upon termination of an Agreement, INECO shall, insofar as reasonably possible and after payment of outstanding amounts, make the Client’s designated data and results available to the Client.
Article 16 – Force Majeure
16.1. INECO shall not be required to perform its obligations if it is prevented from doing so by force majeure.
16.2. Force majeure includes, among other things, disruptions to internet, telecommunications or cloud infrastructure, failures at suppliers, cyber incidents, power outages, fire, flooding, war, government measures, pandemics, strikes, illness or incapacity for work and other circumstances beyond INECO’s reasonable control.
16.3. If the force majeure situation lasts longer than sixty days, either Party may terminate the Agreement in writing.
16.4. Services already performed and costs incurred may be invoiced.
Article 17 – References, Portfolio and Clients
17.1. INECO is entitled to mention the Client’s trade name as a business reference on its website, curriculum vitae, portfolio, quotations and other business presentations.
17.2. INECO is also entitled to use the Client’s logo as a business reference and to provide a brief, non-confidential description of the Services performed or the project.
17.3. The Client may object in writing to the use of its name, logo or project description before or during the Agreement. INECO shall respect such an objection within a reasonable period.
17.4. INECO shall not publish confidential information, personal data, security information or other information where it is reasonably clear that disclosure is undesirable.
17.5. If INECO works through a broker, staffing agency, principal contractor or other intermediary, this Article shall apply only insofar as the relevant Agreement or other contractual arrangement does not restrict the use of the name, logo or information relating to the end Client.
17.6. This Article does not give INECO the right to use the Client’s name or logo in such a way as to suggest that the Client recommends, sponsors or otherwise officially endorses INECO.
Article 18 – Third Parties, Software and Dependencies
18.1. INECO may use software, services, platforms, libraries, hosting, cloud services and other third-party products in performing the Services.
18.2. INECO shall not be responsible for changes, price increases, discontinuation, failures or deficiencies of third-party products or services, unless these result from a failure attributable to INECO.
18.3. The Client remains responsible for any licences, subscriptions and rights it requires, unless otherwise agreed in writing.
18.4. Advice provided by INECO regarding third-party products or services does not constitute a guarantee regarding their future availability, price, functionality or suitability.
Article 19 – Insurance
19.1. INECO maintains professional and business liability insurance.
19.2. The existence of insurance does not mean that every type of damage or contractual liability is covered by the insurance.
19.3. If the Client requires INECO to accept liabilities, warranties or indemnities exceeding those provided for in these General Terms and Conditions, this must be agreed in writing in advance.
19.4. INECO is not obliged to obtain additional insurance unless agreed otherwise in writing in advance.
Article 20 – Non-Solicitation / Client Relationships
20.1. Any non-solicitation clause or restriction on directly approaching Clients or end Clients shall apply only if expressly agreed between the Parties in writing.
20.2. INECO shall comply with contractual obligations it has towards a broker, staffing agency or principal contractor concerning relationships with Clients and end Clients.
20.3. The mere fact that INECO became acquainted with a Client or end Client through an intermediary shall not restrict INECO beyond the specific contractual obligations agreed with that intermediary.
Article 21 – Governing Law and Jurisdiction
21.1. All quotations, Agreements and legal relationships between INECO and the Client shall be governed exclusively by the laws of the Netherlands.
21.2. The Parties shall first attempt to resolve disputes amicably through mutual consultation.
21.3. If a dispute cannot be resolved amicably, it shall be submitted to the competent court in the Netherlands having jurisdiction over INECO’s place of establishment, unless mandatory law requires otherwise.
Article 22 – Version and Availability
22.1. These General Terms and Conditions are available through INECO’s website and shall be provided electronically upon request.
22.2. The version made available to the Client before or at the time the Agreement is entered into shall apply.
22.3. INECO may amend these General Terms and Conditions. An amended version shall not automatically apply to Agreements already entered into.
22.4. INECO shall retain previous versions of its General Terms and Conditions insofar as necessary to demonstrate which version applied to a particular Agreement.
INECO – Intranet & Network Consultancy
Mooieweg 184
6836 AL Arnhem
The Netherlands
Chamber of Commerce (KvK): 09093129
E-mail: info@ineco.nl
Version 2026.1 – 23 August 2026
