(Dutch download, click here) | (English download, click here)
Version 1.1 April 2026
1 – Definitions
In these terms and conditions, the following definitions apply:
1.1 Client: any natural person or legal entity that enters into an agreement with Bogaard Networks.
1.2 Bogaard Networks: the natural person or legal entity that provides consultancy and network services.
1.3 Services: all activities offered by Bogaard Networks, including advisory services, network introductions, recruitment, and supply chain solutions.
1.4 Third Parties: external experts, freelancers, associates, specialists, actors and/or other external parties engaged by Bogaard Networks and/or the Client.
2 – Applicability
2.1 These general terms and conditions apply to all offers, agreements and services of Bogaard Networks, unless expressly agreed otherwise in writing.
2.2 Bogaard Networks is entitled to amend these terms and conditions. Amendments also apply to existing agreements. Bogaard Networks will inform the Client in a timely manner in advance and will publish the amended terms and conditions on its website. The amended terms and conditions will enter into force two weeks after publication, unless stated otherwise.
3 – Quotations
3.1 Any quotation issued by Bogaard Networks is without obligation and becomes binding only once an agreement has been concluded.
3.2 Quotations are valid for one month and must be signed and returned at least four weeks prior to the scheduled performance. Quotations issued less than four weeks prior to performance must be signed and returned within one week of receipt.
3.3 Quotations are based on information provided by the Client. The Client warrants that, to the best of its knowledge, it has provided all information required.
4 – Services and obligations
Bogaard Networks will use its best efforts to perform the agreed Services to the best of its knowledge and ability. No guarantee is given that specific results will be achieved, such as the successful placement of candidates or the implementation of solutions.
5 – Fees and payment
5.1 Payment must be made in the manner specified by Bogaard Networks within 30 days
of the invoice date.
5.2 Specific payment terms may be agreed per agreement.
5.3 After expiry of the payment term, the Client will be in default by operation of law and will owe statutory commercial interest pursuant to Section 6:119a of the Dutch Civil Code (Burgerlijk Wetboek).
5.4 In the event of default, Bogaard Networks is entitled to suspend all Services and take collection measures. The Client is liable for (extra-)judicial collection costs.
5.5 Set-off or suspension by the Client is not permitted without Bogaard Networks’ prior written consent.
6 – Liability
6.1 Except in the event of intent or gross negligence, Bogaard Networks accepts no liability for damage arising from Services performed or from the use of what has been delivered. Bogaard Networks is not liable for unlawful acts of Third Parties.
6.2 Liability is limited to the amount of the fee charged for the Service, to the extent covered by liability insurance. For agreements longer than six months, liability is limited to the invoiced amount of the last three months.
6.3 Bogaard Networks is not liable for indirect damage, such as consequential loss, loss of profit, or reputational damage.
7 – Confidentiality
7.1 Bogaard Networks will use the Client’s confidential information solely for the performance of its Services and will observe confidentiality, unless:
- disclosure is necessary for the performance of the Services;
- a statutory or professional duty to disclose applies;
- Bogaard Networks must defend itself in (disciplinary) proceedings;
- the Client has granted a waiver; or
- the information is available from public sources.
7.2 Without Bogaard Networks’ consent, the Client will not make any statements to third parties about the approach, working methods, pricing, or the like.
8 – Data protection (GDPR)
Terms such as ‘processing’, ‘Personal Data’, ‘Controller’ and ‘Processor’ have the meaning ascribed to them in the General Data Protection Regulation (the “GDPR”).
8.1 For the processing of Personal Data in connection with the performance of its
Services for the Client under an agreement, Bogaard Networks will in principle act
as the Controller.
8.2 Each Party remains independently responsible, as Controller, for compliance with all applicable laws and regulations relating to the protection of Personal Data with respect to its own processing activities.
8.3 To the extent that Bogaard Networks, in the context of the Agreement, processes Personal Data on behalf of the Client and the Client determines the purposes and means of the processing, Bogaard Networks shall act as a Processor and the Client as a Controller. In such case, the Parties shall enter into a separate data processing agreement in accordance with Article 28 of the GDPR.
8.4 Processing of Personal Data
a) Bogaard Networks will process such Personal Data only in a manner that is—and to the extent that it is—necessary for the delivery of the Services arising from an agreement and in accordance with the Client’s instructions, except where required to comply with a legal obligation incumbent upon the Processor.
b) Without prejudice to the existing contractual arrangements between the Parties, Bogaard Networks will treat all Personal Data as strictly confidential and will inform the personnel performing the Services and/or approved sub-processors involved in the processing of the Personal Data of its confidential nature. Bogaard Networks will ensure that such persons and parties sign an adequate confidentiality agreement. The Parties will treat all information that the Processor must provide to the Controller as strictly confidential.
c) Without prejudice to any security standards the Parties may have agreed elsewhere, Bogaard Networks will take appropriate technical and organisational measures to secure the processing of Personal Data. These measures will include at least:
- measures to ensure that only authorised personnel have access to the Personal Data;
- measures to protect the Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorised or unlawful storage, processing, access or disclosure;
- measures to identify vulnerabilities in relation to the processing of Personal Data in the systems used to provide Services;
- any additional measures agreed between the Parties.
d) Bogaard Networks will ensure that an appropriate security policy is implemented for the processing of Personal Data. Upon the Client’s written request, it will provide a copy of this policy, demonstrate which measures have been taken pursuant to this article and, where the Controller–Processor relationship applies between the Parties and where there is a material reason to do so (for example following a security incident), allow the Controller to audit and test such measures and will amend the security policy in accordance with further written instructions from the Controller.
e) The Parties acknowledge that security requirements are constantly changing and that effective security requires frequent evaluation and regular improvement of outdated security measures. Bogaard Networks will therefore continuously evaluate and enhance, supplement or improve the measures implemented pursuant to this article in order to continue to meet the requirements of this article.
f) In its role as Processor, Bogaard Networks will inform the Client without undue delay of incidents relating to the processing of the Personal Data and will
cooperate with the Controller at all times and follow the Controller’s instructions with regard to such incident, with the aim of enabling the Controller to conduct a proper investigation into the incident, formulate an appropriate response, and take suitable follow-up steps. In its role as Controller, Bogaard Networks will inform the Client without undue delay of an incident if it may have consequences for the Client.
g) For the purposes of this article, an ‘incident’ means:
- a complaint or (information) request from a natural person relating to the processing of the Personal Data by the Processor;
- an investigation into, or seizure of, the Personal Data by government officials, or a suspicion that this will occur;
- any unauthorised or accidental access to, processing of, deletion of, loss of, or any form of unlawful processing of the Personal Data;
- a breach of security and/or confidentiality, as set out above, that results in accidental or unlawful destruction, loss, alteration, unauthorised disclosure of—or access to—the Personal Data, or any indication that such breach will occur or has occurred.
- Notifications will be addressed to the Controller.
h) In its role as Processor, Bogaard Networks is entitled to outsource activities that (in part) consist of processing Personal Data or that require Personal Data to be processed to third parties. The Client grants general consent for this purpose. Bogaard Networks will ensure that any third party to whom processing is outsourced is contractually bound in writing to obligations at least equivalent to those imposed on Bogaard Networks under this agreement and applicable laws and regulations. Bogaard Networks will maintain an up-to-date list of sub-processors and make it available to the Client upon request. If Bogaard Networks intends to engage a new sub-processor or replace an existing sub-processor, it will inform the Client in advance so that the Client has the opportunity to object to such change.
i) The Controller’s consent for outsourcing to a third party does not affect the requirement that the Client’s consent is needed for engaging third parties in a country outside the European Economic Area without an adequate level of protection.
9 – Intellectual property rights
9.1 Bogaard Networks holds all rights to all products, materials and methods of work, as well as the intellectual property rights vested therein.
9.2 Intellectual property rights include: copyrights, database rights, design rights, trademark rights, patent rights, trade name rights, domain name rights, rights in know-how and other forms of protection.
9.3 An agreement does not entail any transfer of intellectual property rights, unless explicitly stated otherwise.
9.4 The Client is granted a non-exclusive right to use products and materials within its own organisation solely for the agreed purpose.
9.5 The Client warrants that the use of data provided by it does not infringe any third-
party rights and indemnifies Bogaard Networks against any related claims.
10 – Non-solicitation
For twelve (12) months after termination of the agreement, the Client will not, directly or indirectly, approach, contract with or negotiate with candidates, business relations or suppliers introduced by Bogaard, without Bogaard’s prior written consent.
11 – Force majeure
Force majeure means any circumstance beyond Bogaard’s control that temporarily or permanently prevents performance, including: war, riots, strikes, fire, computer failures, prolonged illness of personnel performing the Services, and serious disruptions at Bogaard or its suppliers.
12 – Term and termination
12.1 Agreements may be terminated in writing by either Party, subject to a notice period of thirty (30) days.
12.2 Bogaard Networks is entitled to terminate the agreement with immediate effect in the event of non-payment or breach of these terms and conditions.
13 – Governing law and jurisdiction
These terms and conditions are governed exclusively by Dutch law. Any disputes will be submitted exclusively to the competent court in the district of Amsterdam.
14 – Language
These General Terms and Conditions have been drawn up in the Dutch language and may be provided in English for convenience only. In the event of any discrepancy or inconsistency between the Dutch version and any translation hereof, the Dutch version shall prevail.