Terms of Service

1. Definitions

• BuildSmart: BuildSmart Consulting, registered with the Dutch Chamber of Commerce under number [KVK number], located at [registered address], Amsterdam.
• Client: any natural or legal person who requests or purchases services from BuildSmart.
• Services: all consulting and support services provided by BuildSmart, including business setup guidance, referrals to financial, legal and insurance partners, work-finding support and growth advice.
• Agreement: any agreement between BuildSmart and the Client relating to the Services.

2. Applicability

These terms apply to all offers, quotations and Agreements between BuildSmart and the Client, unless the parties have expressly agreed otherwise in writing. Any general terms used by the Client are expressly rejected.

3. Services and nature of advice

BuildSmart provides business consulting and coaching. Our services are advisory in nature and constitute a best-efforts obligation (inspanningsverplichting), not an obligation of result. In particular:

• BuildSmart is not a law firm, accounting firm, tax adviser or insurance broker. Where specialised advice is needed, we refer the Client to qualified partners; those partners contract directly with the Client and are responsible for their own advice.
• BuildSmart does not guarantee any specific outcome, such as KVK registration within a certain period, obtaining assignments or clients, or any level of revenue.
• The Client remains at all times responsible for their own business decisions.

4. Offers and formation of the Agreement

All offers and quotations are without obligation and valid for 30 days, unless stated otherwise. An Agreement is formed when the Client accepts an offer in writing (including by email) or when BuildSmart starts performing the Services at the Client's request. The free discovery call is without obligation and free of charge.

5. Fees and payment

• Fees are stated in the offer or quotation, exclusive of VAT unless stated otherwise.
• Invoices must be paid within 14 days of the invoice date, unless agreed otherwise.
• If payment is late, the Client is in default by operation of law and BuildSmart may charge statutory (commercial) interest and reasonable collection costs.

6. Obligations of the Client

The Client shall provide BuildSmart, in a timely manner, with all information reasonably required to perform the Services and shall ensure that this information is accurate and complete. Delays or additional costs resulting from incorrect or late information are for the Client's account.

7. Cancellation and termination

• Scheduled appointments may be rescheduled or cancelled free of charge up to 24 hours in advance.
• Either party may terminate a continuing Agreement in writing with a notice period of one month, unless agreed otherwise.
• Services already performed remain payable upon termination.

8. Liability

• BuildSmart is only liable for direct damage caused by an attributable failure in the performance of the Agreement.
• Liability is limited to the amount paid by the Client for the Services in the six months preceding the event giving rise to the damage, or, if lower, the amount paid out by BuildSmart's insurer.
• BuildSmart is not liable for indirect damage, including lost profit, lost savings or business interruption, nor for advice or services provided by third-party partners.
• These limitations do not apply in the event of intent or deliberate recklessness on the part of BuildSmart.

9. Intellectual property

All materials produced by BuildSmart (business plans, roadmaps, templates, documents) remain the intellectual property of BuildSmart. Upon full payment, the Client receives a non-exclusive, non-transferable right to use these materials for their own business.

10. Confidentiality and privacy

Both parties shall keep confidential all information of a confidential nature exchanged in the context of the Agreement. Personal data is processed in accordance with our Privacy Policy.

11. Governing law and disputes

Dutch law applies to all Agreements. Disputes will first be discussed with the aim of an amicable solution; if that fails, disputes will be submitted exclusively to the competent court in Amsterdam, unless mandatory law provides otherwise.

12. Contact