Terms and conditions

These are the general terms and conditions (algemene voorwaarden) of ARKN, registered in the Netherlands, KVK 74246836, VAT NL002482408B23, Ericssonstraat 2, 5121 ML. They apply to every quotation, build sheet and engagement unless we have signed something that says otherwise. Where a signed build sheet and these terms disagree, the build sheet wins.

1. What we agree to build

Work is defined in a written build sheet. It names each workflow, what it does, and the test it has to pass before it counts as finished. Nothing outside that document is included, and nothing in it changes without both of us agreeing in writing.

A quotation is valid for 30 days. A build sheet becomes binding when you approve it in writing, which includes email.

2. Price

The price in the build sheet is fixed. If the work takes longer than we estimated, that is ours to absorb. If you ask for something outside the build sheet, we price it separately and you decide before we start.

Prices exclude VAT. Invoices are payable within 14 days. Overdue amounts carry statutory commercial interest and reasonable collection costs. We may pause work on an overdue account after giving you written notice.

3. What you provide

You give us access to the accounts the build runs in, and someone who can answer questions and approve things. Delivery dates assume both. Where a date slips because access or answers were not available, the new date is the original date plus the delay.

4. Third-party tools are yours

Builds run inside your own subscriptions. Your automation platform bills your card directly and your AI usage runs on your own key. We take no margin on either and we do not resell them.

This matters for responsibility as well as cost. We are not liable for outages, pricing changes, policy changes or data loss at a third-party provider, and we do not control the terms you have with them. What we are responsible for is building correctly against those tools as they behave at the time of the build.

5. When a vendor changes something

Software vendors change their interfaces. When a change outside our control breaks a workflow that was working at handover, repairing it is chargeable work, quoted before we start, unless you hold a retainer that covers it or the break happens inside the 30 days described below.

6. Approval before anything leaves

Anything carrying a price, or leaving under your name, stops as a draft for a person you name in the build sheet. That person opens it, checks it, and sends it. This is deliberate and it is not optional by default.

You may instruct us in writing to remove that gate for a specific workflow. If you do, you accept responsibility for what that workflow sends. We will say so at the time, and we will still record the instruction.

7. Acceptance and the 30 days after

A workflow is accepted when it passes the test written next to it in the build sheet. If you have not raised a written objection within 10 working days of us telling you it is live, it is accepted.

For 30 days after go-live we repair anything that does not behave as the build sheet says it should, at no charge. That covers our work. It does not cover changes of mind, new requirements, or failures at a third-party provider.

8. Who owns the build

You own the workflows, configurations and documentation we deliver, from the moment they are delivered, and they sit in your accounts under your credentials. You can take them to another supplier without asking us.

We keep ownership of our own generic building blocks, methods and templates, and of anything we made before or outside your engagement. We may reuse those on other work. We will never reuse your data, your content, or anything specific to your business.

9. Confidentiality and your customers’ data

We treat everything we see inside your systems as confidential and we do not name you as a client without your written permission.

Where a build handles personal data belonging to your customers, you are the controller and we act as a processor on your instructions. We will sign a data processing agreement on request, and we recommend you ask for one. We do not move that data outside the systems the build sheet names.

10. Liability

Our total liability for any engagement is limited to the fees you have paid us for that engagement in the 12 months before the claim. We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost data, or business interruption.

These limits do not apply to damage caused by our intent or deliberate recklessness, and they do not limit anything that cannot be limited under Dutch law.

11. Ending an engagement

Either of us may end a build in writing. If you end it partway through, you pay for the work completed to that point, calculated against the milestones in the build sheet, and we hand over what exists along with its documentation. If we end it, we invoice only work completed and we hand over the same way.

Retainers run month to month. Either side may cancel with 30 days’ written notice, and no reason is required.

12. Timelines

Dates in a build sheet are our honest estimate, not a guarantee. Where a date is missed for a reason inside our control, we prioritise the work until it is delivered. Missing a date does not by itself entitle you to compensation.

13. Law and disputes

Dutch law applies. If we cannot resolve something between us, it goes to the competent court in the Netherlands. We would rather talk first, and in practice we always do.

14. Changes to these terms

We may update these terms for future engagements. The version that applies to your build is the version in force on the day you approved your build sheet.

Questions

Ask before you sign rather than after. Email nour@arkn.co and you will get an answer inside one business day.