Terms of service.
General Terms and Conditions
of Forculus BV
Standerdmolen 84, Herten, The Netherlands
Chamber of Commerce (KvK) Registration Number 98851446
VAT Number NL868670972B01
www.forculus.eu
info@forculus.org
Effective Date: 17-11-2025
1. Applicability
1.1 These General Terms and Conditions (“Terms”) apply to all offers, agreements, and services provided by Forculus BV, a company registered in the Netherlands, unless explicitly agreed otherwise in writing.
1.2 By entering into an agreement with Forculus BV, the client (“Client”) agrees to be bound by these Terms.
1.3 Any general or specific terms of the Client are explicitly rejected, unless accepted in writing by Forculus BV.
2. Services
2.1 Forculus BV provides information security consulting and related services, as agreed in the quotation, service agreement, or statement of work.
2.2 All services are provided on a best-effort basis unless otherwise explicitly agreed in writing.
2.3 Timeframes and delivery dates are estimates and not binding, unless explicitly stated as binding in writing.
3. Offers and Agreements
3.1 All offers and quotations are non-binding and valid for 30 days unless stated otherwise.
3.2 An agreement is established once the Client accepts the offer in writing, or when Forculus BV confirms acceptance of the assignment.
3.3 Changes to the scope of services must be agreed upon in writing and may affect pricing and timelines.
4. Fees and Payment
4.1 All fees are stated in euros and are exclusive of VAT and other applicable taxes, unless otherwise stated.
4.2 Invoicing occurs monthly, or as agreed. Payment must be made within 14 days of the invoice date.
4.3 In case of late payment, the Client owes statutory commercial interest (wettelijke handelsrente) and reasonable extrajudicial collection costs.
4.4 Forculus BV may suspend services in case of non-payment.
5. Confidentiality
5.1 Both parties agree to maintain the confidentiality of all information marked as confidential or that should reasonably be understood as confidential.
5.2 Confidential information shall not be disclosed to third parties without prior written consent, unless required by law.
5.3 These obligations remain in effect for five (5) years after termination of the agreement.
6. Intellectual Property
6.1 All intellectual property rights related to materials, reports, software, methodologies, and advice provided by Forculus BV remain the sole property of Forculus BV or its licensors.
6.2 The Client receives a non-exclusive, non-transferable license to use deliverables strictly for internal business purposes.
6.3 Without written permission, the Client may not reproduce, disclose, or exploit the deliverables beyond the agreed use.
7. Data Protection and GDPR
7.1 To the extent Forculus BV processes personal data on behalf of the Client, a Data Processing Agreement (DPA) will be concluded in accordance with the GDPR.
7.2 Both parties shall comply with their obligations under applicable data protection laws, including the GDPR.
8. Liability and Indemnification
8.1 Forculus BV is only liable for direct damages caused by gross negligence or willful misconduct, up to a maximum of the amount paid by the Client for the relevant service (or €10,000, whichever is lower).
8.2 Forculus BV is not liable for indirect damages such as loss of profits, data loss, or reputational damage.
8.3 The Client indemnifies Forculus BV against claims from third parties arising from the use of services or deliverables, unless caused by Forculus BV’s proven negligence.
9. Term and Termination
9.1 Agreements are valid for the duration specified or until completion of the agreed services.
9.2 Either party may terminate the agreement with 30 days’ written notice, or immediately in case of material breach.
9.3 Upon termination, the Client must pay for all services rendered up to the termination date.
9.4 Obligations regarding confidentiality, intellectual property, and limitation of liability shall survive termination.
10. Force Majeure
10.1 Forculus BV is not liable for delays or failures in performance caused by force majeure, including but not limited to natural disasters, cyberattacks, war, labor strikes, or government actions.
10.2 In case of force majeure lasting more than 60 days, either party may terminate the agreement without liability.
11. Applicable Law and Disputes
11.1 These Terms and all agreements between Forculus BV and the Client are governed by the laws of the Netherlands.
11.2 All disputes arising out of or in connection with these Terms or agreements shall be submitted exclusively to the competent court in Roermond, the Netherlands.
12. Miscellaneous
12.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force.
12.2 Forculus BV may amend these Terms. The amended Terms will apply to all new agreements and, after notification, to ongoing agreements unless the Client objects in writing within 30 days.
Contact
Forculus BV
Standerdmolen 84, Herten, The Netherlands
Email: contact@forculus.eu
Website: www.forculus.eu