Netherlands / Europe

1. Definitions

In these general terms and conditions, the following definitions apply:

• Nedscaper: Nedscaper B.V., established and incorporated under Dutch law

• Client: any natural or legal person acting in the course of a profession or business

• Agreement: any agreement between Nedscaper and the Client

• Services: all services provided by Nedscaper, including (but not limited to) cybersecurity services, managed services, consultancy, and related activities

• Personal Data: all information relating to an identified or identifiable natural person as defined in applicable legislation

 

2. Applicability

2.1 These general terms and conditions apply to all offers, agreements, and services of Nedscaper B.V. (hereinafter: “Nedscaper”) provided to its clients (hereinafter: “Client”).

2.2 Nedscaper operates as a cybersecurity partner and provides managed security services, consultancy, and technology solutions with a strong focus on the Microsoft ecosystem.

2.3 Deviations from these conditions are only valid if agreed upon in writing between the parties.

2.4 The applicability of any purchase or other conditions of the Client is expressly rejected.

 

3. Formation of the Agreement

3.1 All offers are non-binding, unless explicitly stated otherwise.

3.2 The Agreement is concluded through written acceptance of an offer, or when Nedscaper has commenced performance with the Client’s prior consent.

3.3 The Client guarantees the accuracy and completeness of the information provided.

 

4. Prices and Payment

4.1 All prices are exclusive of VAT and other government levies.

4.2 Payment must be made within thirty (30) days of the invoice date, unless agreed otherwise.

4.3 In case of late payment, the Client is in default by operation of law and owes statutory commercial interest.

4.4 Nedscaper is entitled to adjust prices periodically.

 

5. Data Protection & Privacy

5.1 Applicable legislation

5.1.1 The parties process personal data in accordance with applicable legislation, including:

• the General Data Protection Regulation (GDPR)

• the Protection of Personal Information Act (POPIA)
  
  

5.2 Roles and responsibilities

5.2.1 Depending on the context, Nedscaper acts as:

• controller (e.g. marketing, website usage)

• processor (or “operator” under POPIA) 

5.2.2 The allocation of roles is determined on a case-by-case basis based on the actual circumstances and, if applicable, contractually established.

5.3 Processing of personal data

5.3.1 Nedscaper processes personal data only to the extent necessary for:

• the performance of the Agreement

• delivering and improving the Services

• complying with legal obligations

• legitimate business interests

5.3.2 Processing only takes place on the basis of a valid legal basis, including:

• consent

• performance of a contract

• legal obligation

• legitimate interest
  
  

5.4 Processing on behalf of the Client

5.4.1 To the extent that Nedscaper processes personal data on behalf of the Client, it will:

• act solely on documented instructions from the Client

• implement appropriate technical and organisational measures

• ensure confidentiality
  
  

5.5 Data Processing Agreement

5.5.1 Where required by law, the parties will enter into a separate data processing agreement.

5.6 Subprocessors

5.6.1 Nedscaper is entitled to engage subprocessors.

5.6.2 Nedscaper will ensure that such parties provide appropriate safeguards and remain responsible for their compliance with applicable data protection obligations.

5.7 International transfers

5.7.1 If personal data are transferred outside the European Economic Area or South Africa, Nedscaper will implement appropriate safeguards, including:

• Standard Contractual Clauses

• Adequacy decisions
  
  

5.8 Retention periods

5.8.1 Personal data will not be retained longer than necessary for the purposes of processing, unless a legal obligation requires otherwise.

5.9 Data subject rights

5.9.1 Data subjects have the rights arising from applicable law, including:

• right of access

• right to rectification

• right to erasure

• right to restriction

• right to data portability 

• right to object
  
  

5.10 Privacy Statement

5.10.1 Further information regarding the processing of personal data and the use of cookies is included in Nedscaper’s Privacy & Cookie Statement.

 

6. Security

6.1 Nedscaper implements appropriate technical and organisational measures to protect data.

6.2 Nedscaper does not guarantee that security measures are fully effective under all circumstances, but applies industry-standard security practices appropriate to the nature of the Services.

 

7. Intellectual Property

7.1 All intellectual property rights remain with Nedscaper or its licensors.

7.2 The Client only obtains a limited, non-exclusive, and non-transferable right of use.

 

8. Liability

8.1 Nedscaper’s total liability is limited to direct damages and up to the amount of the Agreement, with a maximum as expressly agreed in the applicable Agreement

8.2 Liability for indirect, consequential, or incidental damages is excluded.